CAL-MIL PLASTIC PRODUCTS, INC.
Terms and Conditions of Sale
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU.
The following terms and conditions (“Terms and Conditions”) apply to the purchase and sale of products through CAL-MIL PLASTIC PRODUCTS, Inc. By placing an order, you agree to be bound by and accept these Terms and Conditions. These Terms and Conditions are subject to change by CAL-MIL PLASTIC PRODUCTS (referred to as “Cal-Mil,” or the “Company” or sometimes as “us” or “we”) without prior written notice at any time, in our sole discretion. The latest version of the Terms and Conditions will be posted on the Company’s website and/or is available upon request.
1. Order Acceptance and Cancellation
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell products. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason. In the event you have authorized use of a credit card (see Paragraph 2 below) and your credit card has been charged, if your order is canceled or modified you will received a prompt refund credit to your account to reflect the cancellation or modification. Unless agreed to in writing by us, once an order has been placed, it cannot be cancelled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested. We make every effort to maintain the availability of our website and products. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.
2. Payment Terms and Sales Tax
The standard terms of payment are as follows: Net 30 Days O.A.C. All orders are subject to acceptance by Cal-Mil, in accordance with our “Terms and Conditions of Sale,” regardless of any form in which a purchase order is submitted. All credit card payments subject to 3% fee. We accept VISA, MasterCard, and American Express for all purchases. You represent and warrant that: (i) the credit card information you supply to us is true, correct and complete; (ii) charges incurred by you will be honored by your credit card company; and (iii) you will pay charges incurred by you at the listed prices, including all applicable taxes, if any. As described above, we charge a fee of three percent (3%) of total invoice for handling charges on all credit card orders. You further acknowledge that the Company, in its sole discretion, may determine when your credit card is charged for the payment of any order. Purchase orders may be accepted upon credit approval and payable on net 30-day terms or such other terms as we may approve or require.
All payments must be in United States dollars. Current billing address, contact and phone information must be included with every order. You agree to pay interest on all past-due sums at the highest rate allowed by law. Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below.
3. Changes in Products, Services and Pricing
We regularly update and revise the products which we offer. We may discontinue the offering of any products at any time without notice. In addition, market and economic forces may cause products to become unavailable without foreseeable notice. The Company will endeavor to provide information to its customers about the products we sell. However, to the extent such information is provided to us by third parties, no assurance can be given that all such information is correct. We will not be liable for any lack of availability of products for which you make an order. Prior to our acceptance of an order, all pricing for the products available on our website or in our catalogs is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturing price changes, errors in advertisements and other extenuating circumstances.
4. Shipping Policy
We offer a variety of shipping options to meet your shipping needs. We use only premium carriers such as UPS, FedEx and other freight companies. Please check with the regional representative or us for specific delivery options. If the shipping item is damaged, it is your responsibility as the consignee’s to notify the carrier within 48 hours. Retain all cartons, packing material and merchandise for carrier inspection. We can assist in filing claims, but the filing is the your responsibility. All shipping prices are quoted in United States dollars. No C.O.D. orders can be accepted. Please note the posted shipping time frame may vary from time to time. The shipping time frame may be contingent upon credit card approval and may be delayed should we experience difficulties in obtaining authorization. There may be occasional delays beyond the posted order processing time. If the delay is more than 90 business days, we will send you either an e-mail message, or a telephone call notifying you of the delay. These shipping terms are accepted by you by placing an order with us.
5. Advertising Disclaimer and Trademarks
The descriptions of products listed in our catalogs or posted on our website may be subject to change. We make every effort to maintain the accuracy of our descriptions, typographical marks, pricing, product information, advertising and shipping information. This information may be subject to change without notice. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we shall make every effort to correct it. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will immediately notify you and issue a credit to your credit card account in the amount charged. All trademarks and registered trademarks relating to products available through our website and catalogs are the sole property of their respective owners and the Company.
6. Disclaimer and Limitation of Liability
Our responsibility for defects relating to the products and services available through our catalogs or our website is limited to the procedures described in our return policy set forth below.
7. Warranty and Return Policy
The request to return goods must be made within 60 days of the Invoice Date. No merchandise may be returned without a written authorization number from the factory. Contact Cal-Mil Customer Service at 1-800-321-9069 to request authorization. All returned merchandise must be shipped to us with freight prepaid by you as the sender. All return goods must be in unused condition and packaged in their original cartons and packing material. Credit issued will be based only on the product returned in restockable condition. The determination of the condition of the goods will be made solely by Cal-Mil. Custom, discontinued, or non-standard merchandise may not be returned. All returns are subject to a 20% restocking fee.
8. Privacy and Customer Information
We are committed to making every reasonable effort to protect the privacy of our customers. We strive to maintain the privacy of your information and adhere to policies that seek to prevent unauthorized use of your personal information. However, notwithstanding the efforts of the Company in this regard, no assurance can be given that unauthorized access to you information will not wrongfully be obtained by third parties. The Company shall not be liable for any damages caused by such illegal activity and the customer releases and discharges the Company from any liability or damages caused to or incurred by the customer as a result of such illegal access. At any time you may update your customer account information by contacting us through our website, by contacting us directly, or by contacting your regional sales representative.
9. Force Majeure
In addition to any excuse provided by applicable law, we shall be excused from and each customer releases us from liability for non-delivery or delay in delivery of products available through our website or catalog arising from any event beyond our reasonable control, whether or not foreseeable by either party, including, but not limited to, war, fire, accident, adverse weather, inability to secure transportation, labor dispute, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are described above.
10. Entire Agreement and Other Documents
These Terms and Conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms and Conditions may NOT be altered, supplemented, or amended by the use of any other documents without the prior written consent of the Company. Any attempt to alter, supplement or amend these terms and conditions or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by the Company. To the extent that anything in or associated with the website is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall control.
11. Governing Law and Statute of Limitations
The website and catalog sales are controlled by us from our offices within the State of California, United States of America. Both may be accessed from all fifty (50) states, as well as from other countries around the world. As each of these places has laws that differ from those in California, by accessing the website or making a catalog purchase both of us agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Company, website and catalog purchases of products. Each customer agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of San Diego County and the United States District Court for the Southern District with respect to such matters. Any cause of action brought by you against us must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred. In the event any legal action shall be instituted by or between the Company and any customer, the prevailing party shall be entitled to recover all costs, including, but not limited to, attorneys’ fees, in addition to any other relief that may be awarded or obtained.
12. International Sales
These Terms and Conditions apply to all sales, whether domestic or international. The Company shall be under no obligation to provide any products to any international customer if such a transaction would be barred by any statute, regulation, or administrative action taken by any agency of the Untied States, or if the Company believes that to be the case. Each customer acknowledges its responsibility to comply with all applicable laws in connection with the purchase, use or resale of any products purchased from the Company. Each customer further agrees to defend, indemnify and hold harmless the Company, (together with its agents, officers, successors and assigns) from any and all liability, cost or damage which may be incurred by the Company in the event a customer fails to so comply with applicable laws.