Terms and Conditions of Sale
These Terms and Conditions of Sale apply to purchases from BendPak Inc. By placing an order, the buyer agrees to the terms below.
Limited Warranty and Disclaimer of Other Warranties
BendPak Inc. expressly warrants that the goods will be of the type and quality specified in the applicable contract. Unless otherwise stated in the contract, the quality of the goods will conform to BendPak Inc.'s published specifications.
This warranty replaces all other warranties, including any express or implied warranties of merchantability or fitness for a particular purpose. No other warranty, express or implied, is provided or shall be implied by law.
The buyer is solely responsible for determining whether the goods are suitable for the buyer's intended use. BendPak Inc. makes no warranty or representation concerning that determination.
Some states do not allow limitations on implied warranties or the exclusion of incidental or consequential damages. As a result, some exclusions or limitations in these Terms may not apply to purchases of consumer products. This warranty gives the buyer specific legal rights, and the buyer may also have other rights that vary by state.
Payment Terms
Payment for all goods is due upon delivery unless different payment terms have been agreed to in advance and are stated in the applicable contract.
Interest will accrue on balances more than 30 days past due at the maximum rate permitted by applicable law.
Nonpayment and Suspension of Delivery
If the buyer fails to pay any amount when due, BendPak Inc. may suspend or terminate further deliveries under the contract.
Any prior extension of credit, delay in enforcement, or course of dealing does not waive BendPak Inc.'s rights. BendPak Inc. may require payment upon delivery or upon presentation of shipping documents, regardless of any previous shipment made on credit.
Acceptance of Orders and Quotations
A quotation, order, or contract is not binding until it has been accepted in writing by an authorized officer of BendPak Inc. at its general office:
BendPak Inc. 30440 Agoura Hills Road Agoura Hills, CA 91301
Until accepted in writing, any quotation, order, or proposed contract may be changed or withdrawn without notice.
Risk of Loss or Damage
Risk of loss, damage, or destruction transfers to the buyer when the goods are delivered by BendPak Inc. to the carrier for shipment.
Claims for loss, damage, or destruction caused during transportation must be submitted directly to the carrier. BendPak Inc. is not responsible for loss or damage occurring after the goods have been transferred to the carrier.
Inspection and Acceptance of Goods
The buyer has the right to inspect the goods at the time and place of delivery. Any claim concerning the condition, quality, grade, or conformity of the goods must be submitted in writing within 15 days after delivery.
Written claims must be sent to:
BendPak Inc.
30440 Agoura Hills Road
Agoura Hills, CA 91301
The claim must describe the issue in reasonable detail. All claims must be made before installation of the goods.
Failure to submit a timely claim constitutes irrevocable acceptance of the goods and obligates the buyer to pay the applicable contract price. If the buyer accepts the goods in any manner described in California Commercial Code Section 2606, the buyer may not revoke that acceptance.
Limitation of Liability
To the fullest extent permitted by law, BendPak Inc. will not be liable for incidental, indirect, special, or consequential damages, including lost profits, even if BendPak Inc. has been advised that such damages may occur.
After the buyer has accepted and had a reasonable opportunity to inspect the goods, the buyer is precluded from pursuing further remedies except as expressly provided by applicable law or a written warranty.
The buyer assumes all risks and liability for loss, damage, or injury to the buyer's property or the property of others arising from the possession, installation, or use of the goods.
Order Cancellations
All order cancellations require approval from BendPak Inc. Cancellation requests may be denied or may be subject to service fees, restocking fees, shipping charges, and other applicable costs.
Additional cancellation terms are provided under Order Cancellation Fees.
Product Returns
Unless otherwise stated, return requests must be submitted within 14 days of the purchase date. All returns require prior authorization from BendPak Inc.
Returned products must be unused, undamaged, in sellable condition, and returned in their original packaging. Proof of purchase is required.
BendPak Inc. may deny a return or deduct restocking fees, shipping charges, repair costs, or other applicable charges from the buyer's credit or refund.
Events Beyond BendPak Inc.'s Control
All orders are accepted subject to events beyond the reasonable control of BendPak Inc., including strikes, riots, wars, labor disputes, floods, fires, accidents, transportation delays, government actions, government orders or regulations, invasions, supply disruptions, and similar events.
If such an event prevents or interferes with delivery, the buyer agrees to accept the portion of the order that BendPak Inc. is reasonably able to obtain and deliver under the circumstances as fulfillment of that portion of the order.
Waiver
A waiver of any breach or default does not constitute a waiver of any future breach or default, whether similar or different in nature.
Modification and Entire Agreement
These Terms and the applicable contract may be modified only through a written agreement signed by both parties.
The applicable contract constitutes the entire agreement between the parties concerning the sale of the goods and supersedes any conflicting or additional terms contained in the buyer's purchase order, acknowledgment, or other document, unless BendPak Inc. expressly agrees to those terms in a writing signed by both parties.
Governing Law and Venue
These Terms and any applicable contract will be interpreted and enforced under the laws of the State of California.
Any litigation relating to the contract, the goods, or the transaction must be brought in Ventura County, California.
Attorneys' Fees and Costs
If BendPak Inc. retains legal counsel to collect amounts owed, enforce the contract, pursue litigation, or otherwise protect its rights, the buyer will be responsible for reasonable attorneys' fees and related costs, whether or not the matter proceeds to final judgment, to the extent permitted by law.
Severability
If any provision of these Terms or the applicable contract is found to be void, invalid, or unenforceable as applied to a party or circumstance, the remaining provisions will remain in effect.
A finding that a provision is unenforceable in one circumstance will not affect its enforceability in any other circumstance where it may lawfully be enforced.
Arbitration
Any controversy or claim arising out of or relating to the agreement, including its formation, performance, interpretation, or enforcement, will be resolved through final and binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association then in effect.
Order Changes and Service Fees
Please review your order carefully before submitting it. Once an order enters production or outbound processing, changes may no longer be possible or may require a non-refundable service fee.
Customers typically have up to 30 minutes after placing an order to request changes without a fee, provided the order remains in pending status and has not entered production or shipment processing.
Order changes are not guaranteed. The applicable fee is determined by the order's processing stage at the time the change is requested.
Order in Pending Stage
No service fee will be charged if the requested change is completed before the order has been queued for production or shipment.
Order in Production Stage
A non-refundable $45 service fee applies to each completed change request after an order has entered production.
This fee may apply to changes involving:
Shipping or billing addresses
Telephone numbers or contact information
Products or product configurations
Order quantities
Other order details
The fee will be added to the order only if the requested change is successfully completed. No fee will be charged if BendPak Inc. is unable to make the requested change.
Each separate change request is subject to an additional $45 fee. Customers should submit all required changes at the same time to avoid multiple fees.
Order in Shipment Stage
A non-refundable $75 service fee applies to each completed change request after an order has entered outbound or shipment processing.
This fee may apply to changes involving addresses, telephone numbers, products, quantities, or other order details.
The fee will be added to the order only if the requested change is successfully completed. No fee will be charged if BendPak Inc. is unable to make the requested change.
Order Cancellation Fees
Orders are processed for fulfillment as soon as they are received. Because order processing requires labor, scheduling, inventory allocation, and preparation, cancellation requests may be subject to a non-refundable service fee.
Order cancellations are not guaranteed. The applicable fee is based on the order's processing stage at the time the cancellation request is received.
Order in Pending Stage
No service fee will be charged if an order is successfully cancelled before it has been queued for production or shipment.
Order in Production Stage
A non-refundable $75 service fee will be charged if an order is successfully cancelled after entering production but before entering the final shipment stage.
Order in Shipment Stage
A non-refundable $125 service fee will be charged if an order is successfully cancelled after entering the final shipment stage but before leaving the facility.
Orders That Have Already Shipped
An order cannot be cancelled after it has shipped. Any request to return a shipped order will be processed as a product return.
The buyer will be responsible for:
A 20% restocking fee
Original outbound shipping charges
Return shipping charges
Any other applicable return or handling costs
See the Return and Exchange Policy for complete details.
Refused Deliveries
Orders refused at delivery will be treated as returns and will be subject to all applicable restocking fees, outbound and return shipping charges, service fees, and other return-related costs.
Important Notice About Changes and Cancellations
BendPak Inc. cannot guarantee that an order can be changed or cancelled after it has been placed.
If an order cannot be changed or cancelled and the buyer no longer wishes to keep the merchandise, the buyer may refuse delivery. Once the merchandise has been returned to and inspected by BendPak Inc., an applicable credit will be issued, less all restocking fees, service fees, shipping charges, damage costs, and other applicable deductions.