Shipping Terms & Conditions

CALIFORNIA MANTEL, INC.

ALL TERMS ARE SUBJECT TO CHANGE
The purchaser/customer identified on this document hereby agrees that all purchases from CALIFORNIA MANTEL, INC., Inc. are subject to the following terms, which may be revised from time to time at the discretion of CALIFORNIA MANTEL, INC.:

CALIFORNIA MANTEL, INC. is not obligated to accept any or all purchase orders and each order is subject to CALIFORNIA MANTEL, INC.’s approval in its sole discretion. All purchase orders once accepted by CALIFORNIA MANTEL, INC. may not be modified or canceled by the purchaser without the prior written consent of CALIFORNIA MANTEL, INC. All purchases are subject to the terms of this contract. All additional or conflicting terms presented in purchaser’s purchase orders or other documentation shall be deemed explicitly rejected by CALIFORNIA MANTEL, INC. and shall have no effect whatsoever. In the event of default by purchaser, including failure to pay or breach of this contract, CALIFORNIA MANTEL, INC. may, among any other remedies available in law or equity, terminate this contract, suspend delivery of any products or service and declare the entire amount due.

Unless approved in writing by CALIFORNIA MANTEL, INC., all purchases must be paid by check prior to or upon receipt of the goods. Purchaser shall be responsible for a 1.5% per month interest for all overdue invoices. CALIFORNIA MANTEL, INC. may, in its sole discretion, amend, suspend, terminate or otherwise revise any credit terms previously approved even if the purchaser is not in breach of any agreement or payment obligation.

CALIFORNIA MANTEL, INC. may change specifications and prices of its products or service or cease to carry any product, with or without prior notification.

CALIFORNIA MANTEL, INC. shall not be responsible for mathematical or clerical error to any offer or invoice.

All risk of loss shall pass to purchaser upon tender to common carrier, purchaser or purchaser’s agent at CALIFORNIA MANTEL, INC.’s warehouse or other point so designated by CALIFORNIA MANTEL, INC. and shall not be responsible for any loss, damage or shortage thereafter. Purchaser must report in writing all shortages or discrepancies to CALIFORNIA MANTEL, INC. within 24 hours of receipt. Otherwise, purchaser shall be deemed to have accepted the goods in satisfactory manner under the Uniform Commercial Code. Purchaser shall be responsible for all freight or delivery charges.

All shortage or damages occurred during transit must be reported to the carrier immediately and CALIFORNIA MANTEL, INC. disclaims any and all liability in connection with such losses.

CALIFORNIA MANTEL, INC. shall not be liable for delays in delivery or performance, or for failure to manufacture, deliver or perform due to (i) causes beyond its reasonable control, or (ii) acts of God, acts of civil or military authority, governmental priorities, strikes or other labor disturbances, floods,epidemics, war, riot, delays in transportation or (iii) inability on account of causes beyond the reasonable control of CALIFORNIA MANTEL, INC. to obtain necessary materials, components, services or facilities. In the event of any such delay, the date of delivery or of performance shall be extended for a period of time equal to the time lost by the delay.

CALIFORNIA MANTEL, INC. disclaims any and all warranties and representations other than those explicitly specified herein this contract. The limited warranty extends only to the purchaser whose name is shown on this contract. Should a product proved to be defective under normal use and service conditions within the time period specified in this section, CALIFORNIA MANTEL, INC. will repair, or at its sole option, replace the product without charge pursuant to its current standard Return Material Authorization procedure. Unless specified in writing by CALIFORNIA MANTEL, INC., all products under normal use as intended by CALIFORNIA MANTEL, INC. shall have a one (1) year limited warranty from the invoice date. This limited warranty does not cover products damaged by accident, improper installation, unintended use, misuse, lightning, irregular power, fire, water, or other acts of nature; or altered or repaired by anyone not authorized by CALIFORNIA MANTEL, INC. CALIFORNIA MANTEL, INC. shall not be obligated to provide any warranty service or obligations unless purchaser has paid its purchases in full under this or any other invoice.

Purchaser must obtain a Return Material Authorization (RMA) number before returning any product. To request a RMA number, purchaser must furnish the date and number of the invoice, description of all items returned, model and serial number and the reason for requesting a RMA number. All products returned must have the RMA number prominently displayed on the shipping label and shipped freight pre-paid. Products returned that are not covered by CALIFORNIA MANTEL, INC.’s warranty or failed to comply with CALIFORNIA MANTEL, INC.’s RMA policy shall be returned and purchaser is subject to a 15% service charge.

IN NO EVENT SHALL CALIFORNIA MANTEL, INC. BE LIABLE FOR ANY LOSS OF USE, REVENUES, OR ANTICIPATORY PROFIT, OR FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR CONNECTED WITH THE SALE, USE, OPERATION, OR INABILITY TO USE OF PRODUCTS PURCHASED FROM CALIFORNIA MANTEL, INC. TO THE EXTEND PERMITTED BY LAW, CALIFORNIA MANTEL, INC. MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. IN NO EVENT SHALL CALIFORNIA MANTEL, INC. LIABILITY EXCEED THE AMOUNT OF THE PARTICULAR DEFECTIVE

In the event that any one or more provisions contained in this agreement & invoice should, for any reason be held to be unenforceable, it shall not affect any other provisions contained herein.

This contact shall be governed and construed in accordance with the laws of the state of California. Purchaser agrees that competent courts shall have the exclusive jurisdiction over any legal action with respect to this contract. In the event of any dispute related to this contact, the prevailing party shall be entitled to reasonable attorneys’ fee and costs.