Terms and Conditions
Unless otherwise specifically provided by separate written agreement fully signed by Seller, the terms and conditions on face side and specified below constitute the entire agreement between Seller and Buyer, and no other terms or conditions shall be of any effect.
1. Classic Concepts, Inc. shall herein be referred to as Seller
2. TERMS OF PAYMENT If Seller extends credit, invoices shall be due and payable as stated on the face hereof. Extension of credit may be changed or withdrawn at any time. Interest of 1.5% per month and a rebilling fee of 0.5% per month will be charged on all invoices not paid by the due date thereof. If Seller does not or ceases to extend credit, payment terms shall be at Seller’s option any type of cash terms or any type of secured transaction terms.
3. DELIVERY TERMS. Goods shall be sold and delivered f.o.b. Seller’s warehouse. Title to goods shall pass to Buyer and goods shall be at Buyer’s risk from and after delivery to carrier, and Buyer shall assume all responsibility for shortage, loss, delay, or damages in transit upon issuance to Seller by carrier of bill of lading or equivalent form of shipping receipt, irrespective of whether Seller or Buyer determines the mode of transportation. Acceptance of goods by Buyer at Buyer’s location indicates assent to all terms hereon.
4. CLAIMS, WARRANTIES, AND LIMITATIONS OF LIABILITY. Any claim by buyer for defective goods and imperfect manufacture, improper goods, or for any cause is waived unless notice thereof is received by Seller within ten (10) days after delivery of any shipment. Failure of Buyer to give such notice within such period shall constitute an unqualified acceptance of the goods delivered pursuant to this agreement and a waiver by Buyer of all claims with respect thereto. The Seller and Buyer agree that notwithstanding the form ( e.g. contract, tort, or otherwise) in which any claim may be asserted or legal or equitable action may brought against Seller or Buyer, Seller shall in no event be liable for damages which exceed an amount which is equal to the total amount paid or payable to Seller by Buyer pursuant to this agreement for the goods which gave rise to the said claim or legal or equitable action. IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY INDIRECT DAMAGES SUCH AS, BUT NOT LIMITED TO, EXEMPLARY OR PUNITIVE DAMAGES. SELLER MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, IN FACT OR IN LAW, INCLUDING THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND THE IMPLIED WARRANTY OF MERCHANTABILITY. BUYER’S EXCLUSIVE REMEDY AND SELLER’S SOLE LIABILITY ON ANY CLAIM OR LEGAL OR EQUITABLE ACTION, WHETHER CONTRACT, TORT, OR OTHERWISE, SHALL BE LIMITED TO REIMBURSEMENT OF BUYER’S ACTUAL COST OF THE GOODS WHICH GAVE RISE TO THE SAID CLAIM OR LEGAL OR EQUITABLE ACTION; HOWEVER, IN NO EVENT SHALL SELLER BE LIABLE FOR INDEMNIFICATION OF BUYER ON ACCOUNT OF ANY CLAIM OR EQUITABLE ACTION ASSERTED AGAINST BUYER FOR ANY OTHER OR FURTHER DAMAGES WHATSOEVER WHETHER DIRECT OR INDIRECT.
5. CONTINGENCIES. Seller shall not be liable to Buyer or any other person for any failure or delay in the performance of any obligation under this agreement due to events beyond its reasonable control including, but not limited to, fire, storm, flood, earthquake, explosion, accident, acts of the public enemy, sabotage, strikes, lockouts, labor disputes, labor shortages, work stoppages, transportation embargoes or delays, failure or shortage of materials, suppliers of machinery, acts of nature, death, disability, acts of regulations or priorities of the federal, state or local governments or branches or agencies thereof, or failure to take goods as ordered due to any such events except that Buyer shall be liable for such delay or failure with respect to goods already in transit or specially made or printed for buyer which are not readily salable without loss to Seller. When the events operating to excuse performance shall cease, this agreement shall continue in full force until all deliveries have been completed.
6. DEFAULT AND WAIVER. If Buyer fails to make payments according to the terms stated on the face hereof, or if in the opinion of Seller, Buyer is unable to pay its debts as they become due, or if all or a substantial portion of the assets of Buyer be sold to a third party, or should Buyer be merged into a third party, or should all or a controlling portion of the capital stock of Buyer be sold to a third party, or if Buyer should breach any of its obligations stated herein, then Buyer shall be in default of this agreement. When Buyer is in default of this agreement, Seller may, at its option and in addition to all other remedies available to it, declare all sums due Seller by Buyer immediately due and payable; require cash payment or security for payment in advance for shipments; cancel this and/or any other outstanding agreements between Buyer and Seller; require that Buyer assign Buyer’s interest in accounts receivable due Buyer from Buyer’s sale of goods sold under this and/or any other agreements between Buyer and Seller; and/or take possession of goods delivered to Buyer under this and/or all other agreements between Buyer and Seller. Buyer shall reimburse Seller for all expenses incurred by Seller in asserting any of Seller’s rights under this paragraph, including, without limitation, attorney’s fees. If seller requires Buyer to assign Buyer’s interest in accounts receivable due Buyer from Buyer’s sale of goods under this and/or any other agreements between Buyer and Seller, and if Seller collects an amount in excess of the sum of the amount due Seller from Buyer plus Seller’s expenses incurred in asserting Seller’s rights under this paragraph, then such excess shall promptly be paid by Seller to Buyer. Buyer shall require in its contracts with its buyers that accounts receivable may be assigned to Seller. By assenting to this agreement, Buyer agrees to execute all assignment agreements and security agreements required by Seller under this paragraph. No course of conduct, or any delay of Seller in exercising any rights hereunder, shall waive any rights of Seller or modify this agreement. Failure of Seller to deliver any installment shall not be a breach of the remainder of the agreement.
7. RETURNS. Buyer must notify seller of any request to return goods before the due date on the face hereon or within 10 working days after delivery, whichever is later. Acceptance of returns is at the sole discretion of the seller. To be accepted for return, goods must be in “like new” condition as determined by seller. All returns must be authorized by Seller prior to shipping and an RMA number will be issued which must be written on all boxes returned. No items will accepted in Sellers warehouse without the RMA number on the package. Please email Seller prior to shipping and we will provide return shipping instructions. Returned items must be shipped to Seller within 30 days of receipt.
- Returns must be packaged in such a manner as to guarantee product integrity during return shipping.
- Product must be clean and in new condition. If the product has been used or is in poor condition, credit will not be issued and the product will be disposed of.
- The cost of the ACTUAL freight charges (both ways) is not refundable and will be deducted from the amount of Buyers refund. Remember, ACTUAL freight may be much higher than the freight quoted you.
- 20 % restocking fee applies on all returned items. Refunds will be processed once products are returned to Sellers warehouse.
8. This invoice supersedes all prior agreements, merges all prior negotiations, and constitutes the entire agreement between the patties with respect to the subject matter hereof. No statement, representation or agreement, written or verbal, not appearing on this Contract or on an executed addendum affixed hereto is binding or acceptable The terms and conditions hereof shall be binding upon Seller and Buyer, their respective successor, heirs, representatives and assigns.
9. GOVERNING LAW. This agreement shall be governed and construed in accordance with the laws of the State of California. Any term contained herein found to be void by legislation or by a court of competent jurisdiction shall not act to void the remainder of this agreement.