TERMS AND CONDITIONS
All quotations are based on Price Lists in effect at the time of quotation, and are valid for 10 business days. Unless an alternative time period is agreed upon by ERVIN, a new quote will have to be obtained upon expiration of the original quote. Orders are accepted and invoiced based on the prices in effect at the time of the order. All prices are in U.S. Dollars.
CONDITIONS OF ORDER ACCEPTANCE:
The acceptance and shipment of any order are subject to the approval of the ERVIN Credit Department. ERVIN may at any time decline an order or decline to make a shipment except upon receipt of payment or security that is satisfactory to ERVIN. ERVIN reserves the right to ship C.O.D as a condition of acceptance of an order.
TERMS OF PAYMENT:
General payment terms are deposit plus balance due on shipment from port. Overdue balances will be subject to a late fee of 2% per month or the maximum rate allowable by law. Customer shall pay any and all collection costs, including reasonable attorney fees and costs, incurred by ERVIN in collecting balances not paid according to these terms.
The amount of any sales, excise or other taxes applicable to the Products, if any, shall be added to the sale price and shall be paid by Customer unless Customer provides ERVIN with an exemption certificate acceptable to the taxing authorities. Any taxes that ERVIN may be required to pay or collect with respect to the Products shall be for the account of Customer and Customer shall promptly pay the amount thereof to ERVIN upon demand.
All shipments are F.O.B. Origin, which means that upon signed acceptance by the freight carrier, regardless of shipping terms or freight payment, all risk of loss and damage in transit shall be borne by Customer. ERVIN is not responsible for delays in deliveries due to the method of shipment selected or to circumstances beyond its control including, but not limited to, natural disasters, war, riots, industrial action, transportation delays, material shortages and accidents.
ERVIN reserves the right to ship merchandise by the method of its choosing. Customer may specify method of shipment upon payment of any differential in shipping cost greater than cost of the method selected by ERVIN.
ACCEPTANCE, DAMAGE OR LOSS:
All shipments should be inspected by Customer for missing or damaged merchandise upon receipt and will be deemed to have been accepted by Customer unless written notification to the contrary is delivered to ERVIN within two (2) business days of receipt. Any damaged merchandise must be returned. ERVIN is not responsible for any loss or damage in transit. All claims for any such loss should be made promptly by Customer to the carrier, as ERVINís responsibility ceases upon delivery of the goods to the carrier.
Merchandise cannot be returned for any reason without written authorization from ERVIN. Unless otherwise agreed, there will be a 20% restocking fee on all returns. Only merchandise in ERVINís current product offering will be considered for return or replacement. All returned merchandise must be in resalable condition, as determined by ERVIN at its discretion.
LIMITATION OF LIABILITY:
Customer expressly agrees that ERVIN shall not be liable to Customer or any third party for any direct, indirect, incidental, special, punitive, consequential or exemplary damages including, but not limited to, damages for loss of profits, goodwill, use or other intangible losses, even if ERVIN has been notified of the possibility of such damages, whether such liability is based upon contract, tort, negligence, or other legal theory. In the event of any claim hereunder, under no circumstances shall ERVINís liability, if any, exceed the sale price of the Products.
Cancellation must be made within 24 hours of placing the order or prior to shipment, whichever occurs first. All cancellations must be made in writing and confirmed by ERVIN.
All orders for custom merchandise not in the current price list that are made to Customers specifications; and all orders for products made in a nonstandard color are non-cancelable and may not be returned under any circumstances.
ERVIN reserves the right to discontinue, alter, modify or redesign products, materials or specifications without notice and without liability for the obsolescence of products previously sold to Customer.
These Terms and Conditions shall be deemed to be incorporated into, and shall constitute a part of, all contracts of sale between ERVIN and Customer and shall supersede any conflicting provisions of Customer purchase orders or other correspondence between the parties. The customerís acceptance of merchandise ordered from ERVIN shall constitute acceptance of these Terms and Conditions of Sale.
GOVERNING LAW, VENUE
The laws of the State of California, without regard to conflicts of laws principles, shall be applicable to this sale, and any disputes shall be adjudicated in a court of appropriate jurisdiction in El Dorado County, California.
ERVINís failure to insist upon Customers strict performance of any term or condition herein shall not be deemed a waiver of any of ERVINís rights or remedies and shall not limit ERVINís right to insist upon strict performance of the same or any other term in the future. No waiver or modification of these terms and conditions shall be valid unless in writing and signed by ERVINís President.
ERVIN warrants that, if properly installed and used in a residential application, all of ERVIN products will be free of manufacturing defects in material and workmanship for 1 years from the date of installation.
ERVINís 1 year warranty covers all ERVIN products under normal residential use, including finishes, hinges, hardware fittings and product assemblies, but does not cover installation or any other labor charges. The warranty does not apply to any products or parts that are:
(a) Damaged during installation or damaged as a result of installation in a manner contrary to weight and load limits specified by ERVIN;
(b) Repaired by unqualified persons, repaired not using original ERVIN parts, or altered or modified in any manner unless previously authorized in writing by ERVIN;
(c) Damaged as a result of misuse, abuse, negligence, faulty installation or improper maintenance; or
(d) Damaged by the effects of dirt, lime scale, or aggressive, caustic or abrasive cleaners.
No claim under this warranty will be honored unless it is submitted in writing within 30 days after discovery and on or before the 30th day after expiration of the warranty period. Proof of purchase (original receipt) is required for all warranty claims. If ERVIN determines that a manufacturing defect exists, ERVIN will, at its option, repair or replace any part that proves to be defective in material and/or workmanship at no charge. To obtain warranty service, contact:
Ervin Sales Group LLC., Tel. 916-933-8367 Fax 916-933-8398
There are no warranties with respect to the manufacture of ERVIN products except as contained in this notice. The warranties contained herein in lieu of all other warranties, express or implied, including without limitation any implied warranty of merchantability or fitness for a particular purpose. ERVINís liability is expressly limited to the remedies provided herein, and in no event shall ERVIN be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use or other intangible losses, by reason of any defect in material or workmanship of the product unless applicable law provides otherwise. In the event of any claim hereunder, under no circumstances shall ERVINís liability, if any, exceed the sale price of the product.