The following terms and conditions govern all quotes, requests, and orders for CBM Systems Inc. products, services, and materials, whether made pursuant to internet, via telephone, in person, or in writing.
I. APPLICABILITY AND ACCEPTANCE OF TERMS AND CONDITIONS - Orders must be confirmed via purchase order (PO) or signed quote at least 72 hours before delivery date to avoid an expedite fee. Will call orders must be confirmed at least 48 hours before pick up, failure to confirm order prior to pick up may result in a delay to pull the order. CBM Systems Inc. may ask that the customer return at a later time to pick up the products. In the event that materials quoted are no longer in stock due to the sale to another purchaser, CBM Systems Inc. is not responsible for any loss incurred by failure to confirm the acceptance of an order via PO or signed quote to reserve the materials.
II. PRICE - The purchase price of any goods sold hereunder shall be as stated on the applicable CBM Systems Inc. order acknowledgment or accepted purchase order.
III. TAXES – Purchaser shall pay all local, state and/or federal taxes that are applicable in the purchase of the equipment. Sales tax shall be added, at the applicable rate, to the purchase unless a sales tax exemption certificate is provided with the order.
IV. FREIGHT – Freight cost are provided for budgetary purposes only. Actual freight costs may vary and are the responsibility of the Purchaser. Delivery of equipment or parts will be made F.O.B. point of shipment. Title to all shipments will pass to Purchaser upon delivery to carrier and all risk of loss or damage to goods will fall upon the purchaser. It will be the Purchaser’s responsibility to file any and all claims with the carrier.
V. DEPOSITS - All deposits are non-refundable after 3 business days from when deposit is received.
VI. PAYMENT - All first orders are C.O.D. unless stated on the quotation. CBM Systems Inc. can facilitate ACH, Wire Transfers and Checks. After first order, credit terms must be approved before an order on terms can be shipped. All invoices become payable in full on the specified date on the invoice according to the payment terms given. If not paid by the date due they are considered past due. If Purchaser has credit terms, a pattern of past due invoices will result in credit terms being revoked and any future orders being put on hold until account is brought current. No additional credit will be extended to past due accounts unless satisfactory arrangements are made with our credit department. Any balances exceeding 30 days past due will be assessed a Finance Charge of 1.5% per month. Purchaser is responsible for any legal fees for collections.
VII. SHIPPING AND DELIVERY – Dates are estimates based upon conditions prevailing at the time of quotation. CBM Systems Inc. will not be liable for delays in delivery due to: Purchaser changes, strikes, fire, floods, epidemics, war, inability to obtain materials, supplies, equipment or transportation and all other causes beyond Seller’s control. In the event of such delay, the delivery shall be extended by the amount of time delay incurred. If delivery is delayed by Purchaser, CBM Systems Inc. has the option of requesting payment from Purchaser as though delivery had been made in accordance with the schedule provided in the proposal. Purchaser shall pay any expenses incurred by CBM Systems Inc. due to Purchaser postponement of delivery, including storage.
VIII. THE INSTALLATION PRICE, LISTED ABOVE, IS BASED UPON THE FOLLOWING CONDITONS:
A) Work being performed in one continuous operation from start to finish without delays or work interruption caused by others.
B) Work being performed during normal working hours, defined as 8 hours per day. Monday through Friday, excluding holidays.
C) The jobsite being clear of all equipment and all stored product prior to the start of our installation work.
D) All of the above quoted installation work has been based on using non-union labor.
E) Provide a clear dock door and area to bring materials into building.
F) Purchaser to provide at least one lift for the duration of the installation that is adequate to perform all work necessary. Unless otherwise specified.
IX. LIMITAION OF REMEDIES – CBM Systems Inc. makes no warranties express or implied to cover damage, breakage, loss or injury arising from accident, misuse, excessive loading, or failure to maintain the material in accordance with the manufacture’s instructions. Purchaser agrees with CBM Systems Inc. that Purchaser shall have the responsibility to determine the adequacy of its slab or floor for installation of any fixture purchased from CBM Systems Inc., taking into consideration the loads that may foreseeably be placed on the fixture. Purchaser represents to CBM Systems that it is not relying upon CBM Systems Inc. determination or advice with respect to the adequacy of its slab or floor.
X. USED MATERIALS – CBM Systems Inc. will not be held liable, under any circumstances for consequential or incidental damages, including but not limited to, labor costs, or loss of profits arising in connection with the use or inability of used products purchased from CBM Systems Inc. All used material is “sold as is.” Purchaser may request to see material physically or through photographs prior to confirmation of a purchase of used materials.
XI. WARRANTY - All warranties are manufacturer warranties therefore any defects will be referred to the manufacture. If uncertain who the manufacture is, contact a CBM Systems Inc. representative.
XII. SPECIAL ORDERS - All special orders require a minimum of 40% or more deposit. Special orders are not subject to cancellation or return.
XIII. RETURNS - All returned merchandise is subject to approval in writing from CBM Systems Inc. All authorized returned goods must be new, in salable condition, with freight /shipping & handling charges prepaid and are subject to a 25% restocking and handling charge. Special orders, i.e., non-stock or non-catalog items, or for any goods returned more than 14 business days after date of delivery date, may not be returned for credit.
XIV. PERMITS – The administrative charge to obtain a Building Permit from the local city jurisdiction will be as per price summary page. This charge covers interfacing with the building department. Plan check, final permit, and any additional city fees will be invoiced to the Purchaser at cost.
CBM Systems Inc. is not responsible for the non-issuance for the building permit, if the city building department and/or fire department withhold permit approval due to any miscellaneous conditions not directly related to the structural integrity of the pallet rack. These miscellaneous conditions may cause the Purchaser additional costs which are not included in the proposal.
These miscellaneous conditions might require that the Purchaser provide documentation of compliance to these agencies and/or modifications to their building at their expense. Such as ADA permit and sprinkler system issue.
XV. CHANGE OR CANCELLATION OF ORDER – All requests for change or cancellation of Purchaser’s order shall be made in writing. If accepted by CBM Systems Inc., Purchaser shall bear all costs and expenses incurred by such change or cancellation including, but not limited to, cost of materials, cost of labor, engineering development cost, design cost, cost of engineering services and appropriate overhead charges, including profit.
XVI. CONTROLLING LAW - This contract is deemed made in California and shall be governed by and constructed in accordance with the laws of California.