Terms and Condition of Sale
Acceptance is expressly limited to the following terms and conditions, and all different and additional terms proposed by Buyer are rejected unless expressly assented to by Seller in writing. Acceptance of Elements of DesignTM goods constitutes acceptance of Seller's terms and conditions.
TERMS: Net 30 days upon approved credit. Accounts without satisfactory credit rating will start on a prepaid basis, by check or credit card. A 1.5% service charge per month will be added to all past due balances. If additional collection effort is required, Buyer agrees to reimburse Seller for all costs of collection, including reasonable attorney's fees. If any invoice is held in question, the balance not in question must be paid within previously mentioned terms.
FREIGHT POLICY: All goods for Resale are sold F.O.B. Chino, California. Full standard ground freight prepaid on orders of US$1000.00 net or more. Tubs and China are included. A $15.00 charge per order fee will be applied to handle all express shipments and freight on the same day when the official purchase order is received. The $15.00 same day processing fee must be included on the official purchase order, non computer generated purchase order or hand written purchase orders will require signature and statement clearly stated on the purchase order for the acceptance of the charges before express shipment can be processed. Purchase orders require same day processing must be submitted on or before 12:00PM PST Monday - Friday. All Freight to be shipped prepaid and collect if overnight , 2 day air or 3 days select are requested. Shipping methods must be clearly stated on all purchase orders before the orders can be processed.
ORDERS: Minimum order is US$50.00 net. Order less than this will incur a $5.00 less than minimum order fee. Acceptance of this terms and condition automatically accept $5.00 minimum order fees on all purchase order submitted by the account listed above. All purchase orders must be completed with proper model number and proper pricing listed. Purchase order without proper model number and price will not be processed until correction are made. $5.00 less than minimum order fee must be clearly stated on all purchase orders as the acceptance of the minimum order charge or minimum order fee will be automatically added at the time of order entry. This terms and condition will be used as customers' acceptance of this charge. Refusal of this less than minimum order charge will result order holding until the balance is cleared. Computer generated purchase order with complete requirement will be processed at the time of receipt. Non computer generated purchase order, signature will be required before the purchase order can be accepted. We will back order unshipped items for the maximum period of 3 months. Back orders will not be filled automatically if the waiting period has exceeded 3 months. All receipt responsibilities apply unless notified before. A new order must be reissued for the wanted goods.
SALES TAX: All merchandise is sold to customer for resale. Buyers assume full responsibility for all taxes or other assessments imposed by any local or federal government agencies. Customers must present an adequate resale or tax exemption certificate prior to setting up an account.
CLAIMS: No claims due to shortage or shipping damages will be allowed unless reported within 3 DAYS after receipt of shipment by consignee and reported to freight company. Labor charges and /or damage incurred in installation, removal, repair, or replacement as well as incidental and consequential damages connected therewith are not covered in the warranty. Elements of DesignTM shall be held blameless in any claim of injury during installation of Elements of DesignTM products.
RETURNS: No returns will be accepted without RGA number (Return Goods Authorization). Item number, quantity to be returned and detailed reasons for return are required to obtain a RGA number. This number must appear on the outside of each returned carton for verification of receipt. ALL returned products to be shipped prepaid by customer. Return freight only to be credited if the returned item are true defective after inspection. Call Tag will only be issued if verification were provided that the error & claimed defective/damage to be our fault & error. Authorized returns, other than defective product or shipping errors, will be subject to a 25% handling and restocking charge. Authorized returns of defective material will be either replaced on a no charge basis or issued a credit memo on the basis of the price in effect when material was returned. Or at invoice price, whichever is lower. An allowance will be made for prepaid freight charges only on returns of defective merchandise. (PRE-APPROVAL REQUIRED). In 10 working days after receipt of your returned goods, credit will be issued after inspection of returned goods and found to be defective. Credit is subject to be declined or to be partial if the returned products are inspected and found with damaged products, or missing parts not match the RGA statement you had claimed on RGA request form. All return credit will be issued in the form of credit on the account to be used against customers' next purchase. No refund check will be issued by Elements of Design.
CONSUMER'S LIMITED WARRANTIES: Elements of DesignTM products are guaranteed to be free from defects in function and external finish (Living Finish will vary in color) at the time of shipment. Should any Functional defects develop within 10 years(5 years for showerheads) from the date of purchase, we will, at our discretion, repair or replace the defective part or assembly when returned freight prepaid to the address below. The warranty covers only the specific use for which each item is designed. Improper use or installation will immediately void the warranty. No other liability or obligation is assumed. Severe Water Conditions may void warranty All warranty parts to be shipped freight prepaid ground service. Customer will be responsible for all warranty part freight charges if express shipping is requested.
PRICE: Prices are subject to change without notification.
DROP SHIPPING: 7% drop ship charge on all orders on other than approved destinations. This only applies to customers who were not given a drop ship discount rate at the time of account setup.
PICTURES: Pictures shown in price lists are intended as general description only. They may not present an absolute likeness to the actual product being shipped. As updates may occur.
APPLICABLE LAW: The laws of the State of California shall govern any sale.
I hereby understand and agree the terms and condition specified above by Elements of Design.