TERMS OF SALE AND CONDITIONS
All purchase orders received with proper information and deposit will be confirmed with a written sales order. Neither the receipt of a purchase order nor these terms of sale constitute a contract of sale until such time as a sales order is issued. Innovative Surfaces reserves the right to reject any order and refund any deposits. Further, Innovative Surfaces reserves the right to change customer's account/credit status at any time based on a change in credit history.
Customer is responsible to inform Innovative Surfaces of any discrepancies within 10 days of receipt of sales order. After the 10 day period, Innovative Surfaces accepts no responsibility for inaccuracies in the sales orders. Once an order is accepted, it can not be canceled without prior written permission from Innovative Surfaces.
Our terms are 50% down, balance due prior to shipment. All other terms must be approved in writing by Innovative Surfaces prior to shipping. All drop shipments are to be paid in full before delivery. Open accounts of more than 30 days past due are subject to a 2% per month service charge. If collection is warranted, customer will incur all collection costs.
PRICES
All pricing is FOB our factory. Prices include packaging for corrugated cartons. Prices do not include shipping or freight, delivery, in-transit insurance, storage, service fees, any use and/or excise tax, or installation charges.
Innovative Surfaces reserves the right to revise the price list without prior notice. Quotes for custom product remain effective for 90 days from issuance.
PURCHASE ORDERS AND DEPOSITS
All orders must be in writing using a purchase order form which includes customer's legal name or registered "DBA" name, address, telephone number, shipping address and side mark information. Orders with incomplete product and specification information will not be processed until complete information is provided. All orders must be signed by an authorized agent of the company. No verbal orders will be accepted. Order processing and lead time begin only after receipt of deposit.
CHANGE ORDERS
Innovative Surfaces accepts reasonable change orders provided that any change order is presented in writing (by mail or facsimile) and must indicate the Innovative Surfaces' sales order number and customer's purchase order number in addition to customer's instructions. Change orders may be subject to additional charges for materials, labor and other costs. Orders will be placed on hold until customer confirms additional charges for changes. Innovative Surfaces acknowledges all purchase orders and change orders in writing. If you do not receive a return receipt, please call the factory.
FINAL PAYMENTS
Customer will be notified when order is completed and will be billed for final payment. Orders will be released for delivery upon receipt of final payment. If customer requests a ship date later than the approximate ship date given and production has already begun, the due date for the final payment will be based on the original approximate ship date. If production has not begun, final payment will be based on the actual ship date. Orders not picked-up within 15 days of completion of order shall be subject to additional storage and handling fees.
ABANDONMENT AND COLLECTION
Orders not picked up or paid for within 15 days of invoice are considered abandoned unless approved by prior written notice. In addition to any legal remedy available by law, deposits and product ordered shall be liquidated and applied against unpaid invoices. Deposit for other pending orders may also be liquidated and applied against unpaid invoices. Customer shall be liable for any collection and legal service fees incurred in the collection of unpaid invoices.
RE-ORDERS
Innovative Surfaces cannot guarantee exact match or availability on re-orders.
CANCELLATIONS AND CHANGES
All orders are custom made to specifications, therefore, once an order has been accepted, it cannot be cancelled without written approval. Approved cancellations are subject to additional charges. Once an order has been accepted, any changes to the specified requirements of the buyer must be received before production begins. Changes requested after production has begun will be subject to a charge based on the percentage of work completed.
DELIVERY
Estimated lead-times are 4 to 6 weeks from receipt of deposit. Any of the following circumstances can extend lead times: approval of drawings/templates and finishes or incomplete order information. Customer assumes all responsibility for any delays in conveying proper deposits or information for an order. Unless specified on purchase order, product will be shipped via common carrier of our choice. All freight charges are to be collect or third party billed, unless otherwise agreed upon. All delivery pick-ups must be scheduled in advance.
FINISHES
All finish samples shown are considered standard. Custom finishes are available for an up charge. Customer may be invoiced for a custom development charge if order is not placed or is cancelled. Order processing and lead time for custom orders begin after customer approves custom finish in writing.
Finished products are subject to shade and texture variation from sample or from order to order. Slight variations may occur between tops in a given order. If it is necessary to match a specific sample, please include this sample with purchase order. If the match is based on Innovative Surfaces standard color there will not be a custom up charge, nor will a sample be sent to customer for approval. Innovative Surfaces will match the sample as accurately as possible but does not guarantee an exact match.
CUSTOM MODIFICATIONS / TOLERANCES
Most Innovative Surfaces' product can be modified for custom applications. All orders are to be considered custom if they do not appear in the catalog. All custom orders, including custom sizes and colors, may be subject to an up charge from the base price. Purchaser assumes all risks for changes in design, appearance, use and function for any custom modification.
All tolerances are +/- 1/8" in any direction. Customer supplied templates are suggested.
CUSTOM MOLDS
Any custom molds and research and development expenses will be charged to the customer based on a written quote. Innovative Surfaces retains the right to use a custom mold, purchased by a customer, as part of its' standard line, if product from that mold is not ordered by a customer for a period of three months. The customer is purchasing the right of sole usage of the custom mold. The mold will not be released from Innovative Surfaces' premises due to the proprietary information that the mold contains. Please call for more information on custom molds.
LIMITATIONS OF LIABILITY
Innovative Surfaces' liability on any claim of any kind, including negligence for any loss or damage arising out of, connecting with or resulting from the manufacture, sales, delivery or resale, repair or use of any item or service covered by or furnished under these terms of sale shall in no case exceed the price allocable to the item or service or part thereof which gives rise to the claim as paid to Innovative Surfaces. The price allocable does not include installation charges that were incurred by the customer.
In case of dispute arising from any sale of product, all matters shall be resolved under the laws of the State of Arizona. Jurisdiction of any legal action shall be with a court of competent jurisdiction in the County of Maricopa.
CLAIMS
All Innovative Surfaces' products are inspected prior to shipping. Consignee is responsible for any freight damage, loss or shortages. Consignee should inspect delivery and note any damages or shortages on original bill of lading prior to releasing the shipping agent. Any concealed freight damage should be reported according to shipping agent's terms. Innovative Surfaces must be notified within 5 working days from the date of delivery of defective products or any discrepancies from specifications on invoice. Innovative Surfaces will not accept any freight claims. All products are sent FOB Phoenix, Arizona; therefore, freight damage claims must be settled between consignee and carrier according to applicable laws and regulations.
