San Marcos, CA. 92078, USA
Terms and Conditions
Prices
Prices and quantities are quoted F.O.B. San Marcos , CA. 92078 (U.C.C. Terms) and are subject to change without notice. Prices do not include packing, handling , and break-pack charges. Prices do not include any sales, use, excise, privilege, or similar tax, or any export or import tax or duty levied by any government. Purchaser shall pay any such applicable tax and duty.
Terms of Sale
Orders require a 50% deposit with balance due prior to shipping.
CA. sales tax will be charged when applicable.
Order must be confirmed in writing via mail, email or other.
Payment unless otherwise specified purchase price shall be due in full upon tender of delivery of product. Extension of credit, if any, may be withdrawn by The Original Fauxstone at any time.
Invoices not paid not paid within thirty (30) days after their due date will be subject to carrying charges. Carrying charges shall accrue and be added to the unpaid balance at the rate of one and one-half percent (1-1/2%) per month of any over-due unpaid balance, or the maximum rate permitted by law, whichever rate is less. Purchaser shall reimburse The Original Fauxstone for the cost of collection, including, without limitation, reasonable attorneys fees of any overdue amount owed. Purchaser may not retain or set-off any amounts owed in satisfaction of any claims to the appropriate taxing authorities .
Upon request, purchaser shall provide a tax exemption certificate.
Shipping and Delivery
Delivery is conditional on the timely receipt by The Original Fauxstone of documents necessary for the completion of the order, any down payment , and purchasers compliance with these terms. Partial deliveries of products are permissible. The Original Fauxstone will not be liable for any delay in the performance of orders, or in the delivery of the shipment of products, or for any damages suffered by purchaser by reason of such delay. Delivery is subject to purchaser maintaining credit satisfactory to The Original Fauxstone. The Original Fauxstone may suspend or delay performance of delivery at any time pending receipt of assurances from the purchaser of the ability to pay, including the payment of any outstanding amounts owed. The Original Fauxstone will not be liable for the delays or failure to perform due, directly or indirectly, wars, strikes or labor disputes, fires and natural calamities.
Deliveries are F.O.B. The Original Fauxstone's facility. San Marcos, CA. 92078 (U.C.C. Terms ). All deliveries shall be via common carrier or some other reasonable means chosen by The Original Fauxstone, if a carrier is not selected by the purchaser. All risk of loss to products shall pass to purchaser upon delivery to a common carrier.
Returns and Cancellations
Returns will not be accepted without prior written consent and authorization from The Original Fauxstone and must be made within five (5) days after receipt of product. If accepted, freight is to be returned prepaid and any credits or exchanges will be determined upon the inspection of the condition of said products. A restocking fee of 25% will be charged on all returns. Purchaser may not cancel or change an order once paid and accepted by The Original Fauxstone except with prior written consent and upon term that will indemnify The Original Fauxstone against any loss.
Orders
Please provide model number or a clear description of product size, color, and and finish and/or other design options that you require. Quantities and sizes must be clearly noted. Please provide accurate shipping instructions. All orders received are subject to final acceptance or confirmation. No terms or ordered are binding upon The Original Fauxstone until so accepted.
For custom orders please provide accurate specifications. For color matching provide fabric or color swatches. The Original Fauxstone will provide color match samples of the product and will not proceed with any custom color application without purchaser's signed written approval.
Proprietary Information and Application
The Original Fauxstone retains all intellectual property rights, including, patented trademarks, trade names, trade secrets, and copyrights, and of all drawings, illustrations, dimensions, specifications, copyrights, and performance projects, designs, plans, price, customer lists, computations, and descriptions prepared it prepares in connection with or relating to products. Purchaser shall not copy or disclose to any other persons or use for any purpose whatsoever any or all of the proprietary information without The Original Fauxstone prior to written consent.
Purchaser is solely responsible for proper selection and application of products and agrees the she/he will use and apply products for their intended uses only and according to specifications and limitations established by The Original Fauxstone. Purchaser shall indemnify and hold The Original Fauxstone harmless from and against any and all damages, claims, or expenses (including reasonable attorneys fees ) arising out or relating to improper selection, application, abuse, or use of products, other than specifications and limitations established by The Original Fauxstone.