Any balance due on orders not prepaid in full will be
collected at the time of delivery. Shipping charges are also
to be paid upon delivery unless billed to a major credit
card or prepaid to Chadsworth Incorporated. On orders less
than $3,000, we require full payment in good funds at the
time of the order unless we have agreed otherwise in
writing. On all other orders, we require at least 50%
payment at the time of order and the remainder prior to
shipment. Any remaining balance is due no later than the
time of delivery. In the event we extend credit to you in
any form, we reserve the right to withdraw credit in good
faith, and you agree that we may make appropriate credit
checks. On invoices or orders not paid when due, you agree
to pay a late payment charge of 1.5% per month or the
maximum amount permitted by law (whichever is less). You are
responsible for paying all sales and use taxes relating to
your purchase.
Credit Card Payments
If you desire to pay by credit card, we may require you
to sign a credit card authorization form at the time of
order. On credit card orders, you authorize us to charge
your credit card at the time of order, although we may delay
the charge at our discretion. The name on the credit card
must be the same as the name on the invoice or we must have
a written release from the cardholder.
C.O.D.
We reserve the right to ship your order C.O.D. or similar
method if we have not received full payment within a
reasonable time after our notification that your order is
ready to ship. You lose any freight discounts if your order
is sent C.O.D. We require a certified check at the time of
delivery for the entire balance due. The freight line may
charge an additional fee on C.O.D. shipments, and you agree
to pay this fee directly to the freight line.
Shipping Charges
Shipping and delivery charges must be paid at the time of
delivery if not prepaid or charged to a valid credit card.
Prepaid shipping charges are subject to an additional $25
service fee. Shipping charges paid at the time of delivery
must be paid with a certified check.
Returned Checks and Chargeback’s
In accordance with Article 9 of the Uniform Commercial
Code, in the event your check or credit card charge is
returned to us unpaid, you agree to pay us a $25 service fee
(but no greater than the maximum fee allowed by law) plus
our related bank fees and costs of collection (including,
but not limited to, our reasonable attorneys’ fees), in
addition to late payment fees until the amount is paid in
full in good funds. We may stop production until we receive
certified funds, but you will remain responsible for the
full amount of the order. After you return a signed invoice,
you remain responsible for full payment of (and agree to
pay) the amount stated in the invoice, in good funds, until
we agree (or the law determines) otherwise. In the event you
receive goods before you have made full payment or while you
are insolvent, we retain a purchase money security interest
in the goods, and your invoice serves as our demand for
reclamation of the goods, until we receive full payment in
good, final, and irrevocable funds.
Cancellations/Changes to Your Order
You must make any changes to your order prior to
returning the initial invoice. Please inspect the invoice
carefully for details about your order. After you return the
invoice, orders cannot be changed or canceled without a
charge. Once we have started production or ordered materials
for your order, the cancellation charge may vary, and in
some cases, we may not be able to cancel the order without
full payment. Orders cannot be canceled or changed after
shipment.
If for some reason we must cancel or change your order,
we will notify you; we do not charge you a fee if we
initiate the cancellation of your order. We reserve the
right to cancel orders at any time without liability to you
other than refund of prepaid amounts.
Returns
Please check the product thoroughly at the time of
delivery. Once you sign for the shipment, the rules of the
freight line apply. If the product is damaged, sign it as
"Damaged, Return to Sender." You must notify us of any
defects or problems in writing within 48 hours of
delivery. For latent defects, you must report these to
us in writing within 48 hours of discovery. Failure to
notify us within the above time periods operates as a waiver
of the defect, problem, or error and all related claims. Do
not return the product unless we pre-approve the return,
unless you are refusing a damaged shipment. We charge a
return fee and a 25% restocking fee on the return of stock
columns for any reason other than for damage or defects.
Products must be returned in the original packaging and in
good condition. You are responsible for all return freight
charges, which you must prepay. We do not accept returns
of custom or altered columns.
Delivery
Any shipment or delivery times provided by us are
estimates only. We do not guarantee shipment or delivery by
a certain date. All orders are F.O.B. our production
facility. Damage incurred during shipment should be
submitted to the freight line, and we are not responsible
for damage incurred during shipment or delivery. You are
responsible for confirming insurance with the freight line
against damage incurred during shipment or delivery. Unless
you instruct us to use a specific freight line at the time
you place your order, we will utilize a freight line
acceptable to us. You may contact us for the name of the
freight line that will be utilized to ship your product.
Product Changes
We reserve the right to make changes in our standard
products, and in our catalogs and sales materials, from time
to time, at our discretion, with or without notice,
including (but not limited to) dimensions and prices.
Dimensions and prices in our catalogs are estimates only and
are not guaranteed or firm. We agree to abide by any firm
price or dimension stated in your confirmed invoice.
Limited Warranty
What the Limited Warranty Covers and the Period of
Coverage
We warrant that our products, as listed below, will be
free from manufacturing defects in materials and
workmanship, for the period listed below, when they are
properly stored, installed, and finished. The warranty
extends only to the original installation and terminates
upon the first sale or exchange of the property after the
original installation.
Fiberglass Columns: Life of the original installation
Polystone™ Columns: Life of the original installation
PVC Columns: Life of the original installation
Redwood Columns: Ten (10) years from the date of the
original installation
Stock Wood Columns: One (1) year from the date of the
original installation
Baluster/Spindle Systems: Life of the original
installation
Your Responsibility and What is Not Covered
The above warranties are subject to the following
conditions:
1. You must keep your bill of sale or provide other proof
of purchase.
2. All warranty servicing must be made by servicers that
we authorize.
3. This warranty is effective only if the product is
purchased and used in the United States.
4. This warranty does not cover the cost of installation,
removal, or reinstallation.
5. This warranty does not cover damage, defects,
or failure caused by abuse or misuse; impact of
foreign objects; improper installation of the
product or its supports or surrounding materials;
vandalism; improper storage; improper or incorrectly
performed maintenance or repair; application of
harmful chemicals; Acts of God, fire, water, or
erosion; insects; abrasives; negligence; failure to
follow manufacturer's instructions; natural
expansion due to heat or humidity; or alteration.
6. All wood products used in exterior
applications must be thoroughly primed and finished
with a high grade exterior paint.
What We Will Do
If a product fails under a warranted condition, we will
repair or replace the product, at our option, at no cost to
you. If we choose to replace the product, we will replace
the product with the same product or another compatible
product of equal or higher value. We will pay reasonable
shipping costs to and from the installation site for
warranty repair or replacement. Repaired or replaced
products are warranted only for the remainder of the
applicable warranty period. Please see "Limitations on
Liability and Warranty Exclusions" and "Disputes," below,
for additional important information.
What You Must Do For Warranty Service
To file a claim, contact us at our address indicated on
your invoice. Claims must be filed within the warranty
coverage period. Information verifying the date of original
installation may be requested. Except for implied warranties
arising under state law, or as otherwise limited by law, the
time within which an action must be commenced to enforce any
of our obligations arising under this warranty or under any
statute or law of the United States or any state thereof, is
limited to ninety (90) days from the date you discover or
should have discovered the defect.
Limitations on Liability and Warranty Exclusions
If a product line is not listed above in the paragraph
entitled Limited Warranty, then it is sold "AS IS" with no
express warranties, and any implied warranties are limited
to the shortest period allowed by state law.
With the exception of any warranties implied by state law
as limited in this document, the foregoing warranty is
exclusive and in lieu of all other warranties and
obligations. We do not warranty any services. We disclaim
and shall not be liable for any indirect, consequential,
special, or incidental damages, whether in contract, tort,
or otherwise, and whether or not we have been advised of the
possibility of the same. Except to the extent otherwise
required by law, our liability in connection with any order
or product shall not exceed the price you paid to us for
that product, excluding freight, service fees, and taxes. We
are not responsible for any costs or losses you may incur
because of a canceled order, failure of delivery, late
delivery or errors in delivery, mistakes on an invoice
accepted by you, any inaccurate information or outdated
information on our website, or an order based on an outdated
catalog. The sole remedy provided by the warranty is the
repair or replacement of defective products. Any refunds are
in our complete discretion and do not obligate us to make
any future refunds.
Commercial Customers: ALL WARRANTIES IMPLIED BY STATE
LAW, INCLUDING (BUT NOT LIMITED TO) IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE
EXPRESSLY DISCLAIMED.
Consumer Customers Only: ALL WARRANTIES IMPLIED BY
STATE LAW, INCLUDING (BUT NOT LIMITED TO) IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE
EXPRESSLY LIMITED TO THE DURATION OF THE EXPRESS LIMITED
WARRANTIES SET FORTH ABOVE. Some states do not allow
limitations on how long an implied warranty lasts, so the
above limitation may not apply to you. Some states do not
allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion
may not apply to you. This warranty gives you specific legal
rights, and you may also have other rights which vary from
state to state.
Disputes
These terms and conditions and any claims, disputes, or
controversies arising under or relating to these terms or
conditions or your order are governed by the laws of the
State of North Carolina, without regard to principles of
conflicts of laws, and applicable United States federal law.
The United Nations Convention on Contracts for the
International Sale of Goods shall not apply. Except to the
extent otherwise required by law, you agree to initiate any
action against us only in the State of North Carolina, USA,
and by placing your order with us, you agree to the personal
jurisdiction and venue of the courts located in the State of
North Carolina. Any notation on or accompanying your
payment, such as "payment in full," "in full satisfaction,"
or the like, are deemed ineffective to extinguish any
disputed claim, even if we accept the payment.
YOU AGREE TO SUBMIT ANY CLAIM, DISPUTE, OR CONTROVERSY
(REGARDLESS OF THE FORM OR TYPE OF ACTION) AGAINST US TO
ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM
UNDER ITS CODE OF PROCEDURE THEN IN EFFECT (available at
http://www.arb-forum.com or via telephone at
1-800-474-2371). Except to the extent otherwise required by
law, you agree that the arbitration proceedings will take
place exclusively in Wilmington, North Carolina, USA. With
the exception of arbitration regarding consumer warranty
disputes, the above procedure shall be exclusive, and the
award of the arbitrator(s) shall be final and binding and
may be entered as a judgment in any court of competent
jurisdiction. With respect to consumer warranty disputes,
you may be entitled to file suit under state laws without
submitting your claim to arbitration first. Information on
arbitration may be obtained from, and a claim may be filed
with, the National Arbitration Forum at P.O. Box 50191,
Minneapolis, MN 55405-0191 USA.
Resale and Use
You agree that you are not buying the products for resale
outside the United States and you agree not to use the
products as molds for reproduction. You agree to hold us
harmless against how you use the products (including but not
limited to installation or application), and you agree to
comply with all laws and regulations, including (but not
limited to) building codes.
Miscellaneous Terms
A waiver of strict compliance with any term herein shall
not be deemed a continuing waiver or waive any other terms
or conditions. Any modification or amendment to these terms
must be in writing and signed by our President in order to
be effective against us. Only a signature of a current
officer of Chadsworth, Incorporated shall be binding on
Chadsworth, Incorporated for any purpose. Our salespeople
are not authorized to add to or vary any of these
terms and conditions. If any term herein is illegal,
invalid, or unenforceable, then such term shall be ignored,
but the remaining terms and conditions shall remain in
effect. The official language of these terms and conditions
is English. All amounts stated on an invoice are U.S.
Dollars unless specified otherwise. All payments must be
made in U.S. Dollars unless we agree otherwise in writing.
We are excused from performance to the extent of any delay
or inability to perform arising due to weather events,
disasters, acts of terror, governmental action or
regulation, labor or materials shortages or disputes, or
other circumstances not under our control. We do not
consider the terms of an order or invoice to be confidential
unless we agree to confidentiality on the invoice, in which
case we and you agree to maintain the marked terms as
confidential.
DOCUMENT\524463
02/2003
Signature:
______________________________________________________________
Print Name:
_____________________________________________________________
Company Name:
_________________________________________________________
Date: _______________________________