All sales are expressly conditioned on Applicant’s agreement to the terms and conditions set forth below. Any order or statement of intent to purchase goods, or any direction to proceed with procurement or shipment constitutes Applicant’s agreement to these terms and conditions. APAL, INC. hereby gives notice that it objects to any additional or different terms or conditions set forth in Applicant’s purchase order or any other communication. No addi- tional or different terms shall apply unless expressly agreed to in writing, signed by an authorized officer of APAL, INC. No other representative of APAL, INC. reserves the right to modify terms or conditions. APAL, INC. reserves the right to change or modify these terms and conditions at will, with or without notice. APAL, INC. reserves the right to cancel all orders. Deposits shall be refunded within ten working days of cancellation.
1. TERMS/PAYMENT/CREDIT. Our “open account” terms are 1% 10th, Net 30th. A finance charge of 1 1/2% per month ($5.00 minimum) or 18% per annum applies on any delinquent account, collection fees and/or attorney fees. This shall be an open and continuing guarantee, not withstanding any charges, removals, extensions or the like, granted by the seller. This agreement shall be treated as though it were executed and to have been performed at Los Angeles county, California. Any action relating to this agreement shall be instituted and prosecuted in the courts of Los Angeles county, California. If a corporation, this agreement must be signed by an officer. If a partnership, this agreement and application must be signed by all general partners. All orders are subject to approval by our credit department. We reserve the right to ship C.O.D. Non-stock special order items may require a 100% deposit prior to ordering. If, in APAL, INC.’S judgment, the financial condition of applicant at the time the products are ready for shipment does not justify the terms of payment previously specified, APAL, INC. reserves the right to require full payment in cash before shipment or delivery.
2. PRICES AND DISCOUNTS. APAL, INC. reserves the right to change prices at any time without notice. Call for current prices when placing orders. Special quotation prices are effective for 30 days.
3. DESIGNS AND MATERIALS. Specification in material, construction and design are subject to change without notice as conditions require, or as improvements are developed. The finishes and colors illustrated in our catalogs and sample plates are indicative. Variations should be considered as, due to the natural characteristics of materials. Color changes and color fading are characteristic of wood furniture they have to be accepted.
4. FREIGHT CLAIMS. APAL, INC. is not liable for loss or damage in transit. Damage and/or concealed shortage must be noted upon receipt and be countersigned by the delivering carrier’s agent. APAL, INC. will be pleased to furnish any information or assistance needed to establish a customer’s claim against the carrier. Within ten (10) days after tender of, delivery to, or receipt of any shipment and before any part of the material has been changed from its original condition, customer shall inform APAL, INC. in writing if the material is found defective or miss-shipped in any respect. Failure to inform APAL, INC., or use of the material shall be conclusive that APAL, INC. has satisfactorily performed.
5. PICK-UPS/WILL CALLS/DELIVERIES. APAL, INC. reserves the right to make partial shipments of any items ordered, unless specified “ship com- plete” by customer. Items not shipped will be back-ordered at the discretion of APAL, INC. unless otherwise specified by customer. Shipping dates given in advance of actual shipment are estimates based upon information received from suppliers and shall not be deemed to represent fixed or guaranteed shipping dates. Delivery dates are not guaranteed and APAL, INC. shall not be liable to customer of the ultimate user for any claims arising from delay in shipment or delivery. If shortages should occur in APAL, INC.’S supply of specific items APAL, INC. may allocate its deliveries. SHIPPING DELAYS UNDER NO CIRCUMSTANCES SHALL GIVE THE RIGHT TO CANCEL THE ORDER.
6. CREDIT REQUESTS/RETURNED GOODS. No merchandise may be returned without prior written authorization. Please contact our Customer service Department or your sales representative with the following information: APAL, INC. invoice number, shipping date, list of items, and reason for return. APAL, INC. reserves the right to inspect the merchandise prior to issuing return authorization.
Defective Items: Adjustments will be made in accordance with manufacturer’s warranty, recognizing that warranties vary depending on the supplier. Special Orders: Special orders are not returnable.
Customers Convenience: Current stock items which are complete, in clean, original cartons only, will be considered for credit within a reasonable peri- od of time from the original purchase date. goods must be shipped freight prepaid. A minimum 30% handling/re-stocking charge may apply.
7. RESPONSIBILITY. APAL, INC.’S liability is limited to extent of manufacturer’s warranties. APAL, INC. assumes no liability for damage to person or property caused by merchandise bought from us or through us. All goods sold are products of the manufacturer and not of APAL, INC. APAL, INC. shall use reasonable efforts to obtain from each manufacturer (in accordance with the manufacturer warranty or customary practice) the repair or replacement of goods that may prove defective in workmanship or material. The foregoing shall constitute the exclusive remedy of customer and APAL, INC.’S only obligation. APAL, INC. MAKES NO WARRANTIES, EITHER WRITTEN, ORAL, IMPLIED OR STATUTORY relating to any goods beyond that contained in this paragraph and MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.