TERMS OF PAYMENT: Unless otherwise agreed with the prior approval of Sellers credit department, terms of payment are as appears at the top of the estimate or sales order documents. Seller reserves the right to require full or partial payment in advance of any shipment, or other payment arrangements whenever in its judgment the financial condition of the Buyer does not justify shipment of the goods on the terms specified. Buyer may be required to pay all or a portion of any amount due, if delivery is postponed for more than 30 days past the agreed upon delivery date.
SHIPMENT: All products are shipped F.O.B. from factory, unless otherwise specified. The title of the equipment passes to the buyer upon receipt of full payment. The buyer is responsible for any loss or damage to shipment after leaving the point of manufacture. Buyer is responsible for recording any shortages, damages or losses on the bill of lading as the time of delivery. A copy of the Buyers bill of lading must be forwarded to The Dumbell Man customer service department when damage or losses are claimed Concealed damage, or damage not apparent until the equipment is unpacked and examined, must be reported to The Dumbell Man within 48 hours of delivery. All concealed damage claims must be made within fifteen (15) days from the delivery date. The carrier must be notified to perform an inspection of the damages before the 15th day. All packaging materials must be kept available for the inspection. Failure in reporting a concealed damage claim as outlined above will result in the Buyer assuming any costs incurred for replacing or repairing the damage. It is the buyer’s responsibility to have electrical outlets in the delivery area. It is also Buyer’s responsibility to have the installation area free from debris. TDM cannot install the equipment if there is no electricity and/ or the installation area is not free from debris. “Dock to Door “ and “Dock to Dock” delivery types require your providing labor for unloading installation and set-up of equipment. “Inside installation:” charges are estimated based on Standard Delivery Conditions. Your actual costs could be higher if the following are not available: (1) Minimum truck access of 14’ high 12’ width and 90-120’ length with a loading area of 15-20 sq. ft. (2) Access is at ground level. (3) Double doors from truck to equipment location. (4) Distance from truck to location is no more than 150’ and away from street traffic
INSTALLATION: Installation includes unpacking, assembly and an operational check of the equipment. Unless otherwise specifically provided in writing, the Buyer has full responsibility for insuring the Carrier places the product in its final use location. Freight and installation charges cover trucking and placement of equipment in any predetermined location in your facility. Buyer well assume all cost and expenses incurred as a result of deliveries requiring product to be carried more than 100 feet from the closest point accessible by a commercial tractor trailer or those requiring the use of a hoist, other special equipment or additional manpower. Although recommended, installation does not include the anchoring of product. Buyer is responsible for all anchoring. Buyer will assume all costs and expenses associated with transportation, storage, manpower, and waiting time for product that is delivered to the requested location when delivery cannot be accepted for any reason. It is the Buyers responsibility to have electrical outlets in the delivery area. It is also Buyers responsibility to have the installation area free from debris. The Dumbell Man cannot install the equipment if there is no electricity and /or the installation area is not free from debris. Buyer may be responsible for storage fees for deliveries postponed 30 days past the agreed upon delivery date. Such storage fees may be calculated on a daily basis for each day past 30 days.
DELIVERY: Any delivery date stated under this contract is the Seller’s best estimate and is based upon prompt receipt of all necessary information and payment from Buyer. Seller makes no guarantee of delivery by such date and shall have no liability or other obligation for failure to deliver on such date, regardless of cause, unless expressly stated otherwise. Seller shall have no liability or other obligation hereunder of its performance is delayed or prevented to any extent by any event such as but not limited to, any act of God, strike or work stoppage, fire, flood, accident, allocation or other controls of the Government authorities, shortage of transportation, fuel, material and labor, or any cause beyond the Seller’s reasonable control..
CANCELLATION OR ALTERATION: No order may be canceled or altered after the mailing of the order confirmation unless agreed to by the Seller. Cancellation or alteration of orders, if agreed to by Seller, will obligate the Buyer to pay to Seller a handling charge of 25% of the sales order amount plus all expenses incurred and damages sustained by Seller to return the product to the point of manufacture. Seller will make every reasonable effort to ship by the estimated date, but failure to do so shall not be cause for cancellation.
RETURNED GOODS: When agreed to by the Seller, products may be returned with a Return Authorization Number obtainable through The Dumbell Man Customer Service Department. Buyer’s failure to obtain this number will prevent the Seller from being liable when the product is not accepted by Sellers receiving dock. Buyer is responsible for incurring all costs and expenses associated with the return transportation, storage, and delivery of the product.
PRODUCT CHANGES: Seller reserves the right to change or revise specifications and product design in connection with any feature of the Seller’s products. Such changes do not entitle the Buyer to corresponding changes, improvements, additions, replacements for product previously sold or shipped.
AMENDMENT, MODIFICATION OR SUBSTITUTION: This document, when accepted in any manner by the Buyer, shall contain the entire agreement between the parties. Any modifications thereof must be in writing and signed by the Seller. No prior dealings of the parties or trade custom not embodied herein shall alter the interpretation or enforcement of this contact.
INTERPRETATION: This agreement shall be interpreted under the laws of the State of California. Any disputes concerning this Agreement will be determined in a Court of law in the County of Los Angeles, City of Torrance. In the event of litigation the prevailing party is entitled to attorney’s fees and costs actually incurred in connection with litigation. A facsimile copy of this document will have the same force and effect as an original.