Terms and Conditions of Sale
Exclusion of all warranties except goods that are of a specified type and quality. BendPak Inc. expressly warrants that the goods are of the type and quality specified in this contract and except as otherwise provided in this contract, the quality of the goods shall be in accordance with BendPak Inc.’s specifications. The foregoing warranty is in lieu of all other warranties including the warranties of fitness for a particular purpose and merchantability, express or implied, and no other warranty, express or implied, is given or shall be implied by law. Final determination of the suitability of the goods for the use contemplated by buyer is the sole responsibility of the buyer, and BendPak Inc. has no responsibility and makes no warranty or representation in connection with the determination of such suitability. Purchasers of consumer products should note that some states do not allow for the exclusion of consequential damages or the limitation of implied warranties. Consequently, the above exclusion and limitations may not be applicable. This warranty gives the buyer specific rights, and the buyer may also have other rights which may vary from state to state.
- Terms of payment. Payment for all goods is due and payable upon delivery unless other arrangements have been agreed upon in advance and appear on the face of this contract, interest will accrue and be payable on all accounts over thirty (30) days old, interest to be at the maximum rate permitted by law.
- Revocable on nonpayment. If the buyer fails to pay any amount to BendPak Inc. when due, BendPak Inc., may terminate this contract as to further delivery and no forbearance or course of dealing affects this right of BendPak Inc. Notwithstanding any previous shipment on credit, BendPak Inc. may at any time demand payment on delivery or require payment on tender of shipping documents.
- Acceptance of terms. A quotation, order or contract is not binding until accepted in writing by and officer of BendPak Inc. At its general office at 1645 Lemonwood Drive, Santa Paula, CA 93060. Until accepted in this manner, a quotation, order or contract is subject to change without notice.
- Risk of loss or damage. The buyer bears the risk of loss or damage to or destruction of all the goods from the time of their delivery by BendPak Inc. To the carrier for shipment to buyer. All claims for loss, damage or destruction attributable to shipping should be made directly to the carrier and BendPak Inc. shall not be responsible for any such loss, damage or destruction.
- Right of inspection. Buyer shall have the right to inspect the goods at the time and place of delivery, and within fifteen (15) days after such delivery must give written notice to BendPak Inc. 1645 Lemonwood Drive, Santa Paula, CA 93060, of any claim for damage on account of the condition, quality or grade of the goods, and must specify in detail the basis of such claim. Buyer’s failure to comply with the terms of this paragraph shall constitute irrevocable acceptance of the goods and bind buyer to pay the contract price for the goods. All claims must be made prior to the installation of the goods. If the buyer has accepted the goods tendered under this contract in any manner provided in UCC Section 2606, buyer shall have no right to revoke his/her acceptance.
- Damages. BendPak Inc. is not liable to any other direct, incidental or consequential damages, including lost profits, even if BendPak Inc. has been advised of the possibility of such damages. When the buyer accepts the goods under this contract and after he has an opportunity to inspect them, buyer is precluded from any further remedy. Buyer assumes all risks and liability for loss damage or injury to property of buyer or others arising out of the use or possession of the goods sold under this contract.
- Cancellation. All product order cancellations must be approved by BendPak Inc., and may be denied or subject to restocking fees and other charges.
- Product return. Product returns must be made within fourteen (14) days from date of purchase, unless otherwise indicated. All returns require authorization. Customer must call BendPak Inc. Go to the Returned Merchandise section for instructions. Returned product must be in original packaging, unused, undamaged, and in sellable condition. Proof of purchase is required in all cases. Product returns may be denied or made subject to restocking fees and other charges by BendPak Inc.
- Excuse for non-performance. All orders are accepted subject to strikes, riots, wars, labor troubles, floods, fires, accidents, delays, contingencies of transportation, government acts, alien invasions, orders and regulations, and any other causes beyond the control of BendPak Inc., and if any such cause prevents or interferes with the delivery of the goods ordered, the buyer shall accept as full and complete fulfillment of the order such portion of the goods by the order as BendPak Inc. is able, under circumstances, to procure and deliver in accordance with the order.
- Waiver. No waiver of any breach of default under this contract operates as a waiver of any future default whether of a like or different character, except as otherwise provided herein.
- Modification and integration. This contract cannot be modified except by a writing signed by both parties. This contract constitutes the entire agreement between the parties relating to the sale of the goods and this contract prevails over any and all terms contained in buyer’s purchase orders or acknowledgments thereof unless explicitly stated to the contrary, in writing executed by both parties. The provisions of any purchase order or other instrument of buyer are superseded by the provision of this contract.
- Choice of law. This contract shall be interpreted and its validity and effect shall be determined in accordance with the laws of the state of California. Any litigation in any way related to this contract shall be brought in Ventura county, California.
- Attorney’s fees. In the event it becomes necessary for BendPak Inc. To retain legal counsel to implement collection procedures or to undertake litigation or to otherwise protect its rights under the contract, buyer shall pay BendPak Inc. a reasonable sum for attorney’s fees and related costs whether or not litigation proceeds to final judgment.
- Severability. If any provision of this contract as applied to any party or to any circumstance, shall be found by a court to be void, invalid or unenforceable, it shall not affect any other provision of this contract, the applications of any such provision in any other circumstance or the validity or enforceability of this contract.
- Arbitration. Any controversy arising out of or relating to this agreement or the making, performance or interpretation thereof shall be settled by final and binding arbitration under the commercial arbitration rules of the American arbitration association then in effect.
Order Change Fees
Typically, you have 30 minutes from the time your order was placed to modify or make any changes you deem necessary without incurring any fees. You are free to make modifications as long as the order is still in a pending status and has not yet entered our production or outbound stages. If your order has already been queued for production or shipment stage your order is now beyond the point where it can be amended without fees. We strictly adhere to the following policy:
Order In Pending Stage
If you modify your order before it has been queued for production or shipment, there will be no service fee charged.
Order In Production Stage
There will be a $45 non-refundable fee for every change notification you make, whether requesting modification to the address, phone number, product(s), and quantity of the order or other. Once your change has been completed successfully, the non-refundable fee will be added to the order. You will not be charged if the change cannot be completed.
If at a later time you decide to make another change after the previous one, there will be an additional $45 non-refundable fee. If circumstances change and you must request an amendment to your order, be sure to make all changes at one time, to avoid multiple fees.
Order In Shipment Stage
The process of modifying an order already placed in outbound status involves the time of several departments. There will be a $75 non-refundable fee for every change notification you make, whether requesting modification to the address, phone number, product(s), and quantity of the order or other. Once your change has been completed successfully, the non-refundable fee will be added to the order. You will not be charged if the change cannot be completed.
Order Cancellation Fees
All orders are departmentally managed and processed for shipment as soon as they are placed. During the order fulfillment process we invest valuable manpower and time which cannot be reversed. Therefore, while we understand that orders occasionally need to be cancelled, we are unable to do it free of charge after a certain point. We strictly adhere to the following cancellation policy:
Order In Pending Stage
If you cancel your order before it has been queued for production or shipment, there will be no service fee charged.
Order In Production Stage
If an order is cancelled after it reaches the production stage but before the shipment stage, there will be a $75 non-refundable fee charged.
Order In Shipment Stage
If you cancel an order that has not yet shipped but has reached the final shipment stage, a non-refundable $125.00 service fee will be charged.
If you must cancel an order after it has been shipped, the cancellation will be treated as a return with all applicable fees assessed to the buyer. A 20% restocking fee will be charged in addition to all applicable outbound and inbound shipping charges incurred by BendPak. See our Return Policy for details.
Orders that are refused at delivery will be assessed all of the applicable return fees listed above.
Please remember that order cancellations and modifications are not guaranteed. If your order is unable to be modified or cancelled and you do not wish the keep the items, you will have to refuse the delivery of the order. Once the merchandise is returned to our warehouse and confirmed, we will issue a credit to your account minus all applicable fees.