CONDITIONS OF SALE
The Conditions of Sale set out herein shall govern all transactions between Tent Renters Supply, also referred to herein as Seller, and the Buyer of any Tent Renters Supply product. These Conditions of Sale supersede any oral representation or any information provided on the Tent Renters Supply. website.
a. Buyer shall pay interest on invoices which are over thirty (30) days past due at the rate of 18% annum.
a. Seller or its Agent may, at any time, in its sole discretion, limit or cancel credit of Buyer as to time and amount and demand payment in cash before shipment of any part of the merchandise contracted for required anticipated payments on any amounts owing by Buyer, and/or bill all or any part of the undelivered merchandise to Buyer as of contract dates of delivery. Upon failure by Buyer to make any such payment or anticipated payment within ten days after demand in writing, Seller or its Agent may cancel the contract and/or sell all or any part of the unshipped merchandise without notice at public or private sale holding Buyer responsible for any difference between the contract price of such merchandise and the amount realized from the sale thereof.
a. Invoices rendered by Seller covering merchandise not in dispute, shall be paid by Buyer, in bankable funds, regardless of disputes relating to other invoices or other delivered or undelivered merchandise, and as to such undisputed invoices and deliveries. Buyer waives the right to assert offsets, defenses or counter-claims.
b. Checks received from or for the account of Buyer, regardless of writings, legends or notations on such checks or of other writings, statements or documents, may be applied against amounts owing by Buyer, without such payment constituting any accord and satisfaction of Buyer’s liability.
c. Payment of Invoices made by credit card may be subject to a 3% processing fee of the total invoice at the sole discretion of the Seller.
a. Deliveries are contingent upon Seller receiving necessary raw materials and may be delayed, reduced or cancelled by Seller, to the extent affected by delay, reduction or cancellation of shipment of such materials.
b. In the event that delivery of all or any part of the merchandise is prevented or delayed by strikes, lockouts, embargoes, lack of shipping facilities or any cause of whatever kind or nature, beyond Seller’s control, Seller’s time for performance shall be extended by the period of such delay. Should said causes delay shipment of any merchandise ready for shipment, Seller may immediately bill same to Buyer and hold such merchandise for account of Buyer, Buyer agreeing to make payment according the terms of payment set out in the sales agreement, purchase order confirmation or contract.
c. Subject to Seller’s right of stoppage in transit, acceptance of shipment by a common carrier or other means of shipment that is normally used in this trade shall constitute a delivery, and in the absence of shipping instructions, the mailing of an invoice shall constitute a delivery. Title and risk of loss shall transfer upon transfer of the goods to the common carrier.
d. Delivery and/or tender made within 15 days after specified date of delivery shall constitute a good delivery. Thereafter, delivery or deliveries and/or tender or tenders prior to receipt of written cancellation shall constitute timely delivery.
e. Delay in delivery or defect in quality shall entitle Buyer to cancel only that portion of product that is delayed or defective.
5. RISK: STORAGE
a. Goods invoiced and held by Seller for whatever reason shall be at Buyer’s risk and expense. Notwithstanding this provision, such goods, whether located on Seller’s premises or elsewhere, shall be included at invoiced value for purposes of fire, and extended coverage only under whatever general fire insurance policies Seller carries. In case of loss, Seller shall pay to Buyer that portion of any settlement received thereunder which applies to Buyer’s goods.
b. Goods held for more than six months shall be stored at Buyer’s expense.
6. WARRANTY AND DISCLAIMERS
a. THE SELLER DISCLAIMS ANY WARRANTY AGAINST TENT FAILURE OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING THEREFROM AS THE PERFORMANCE OF THE TENT IS DEPENDENT UPON THE INSTALLATION OF THE TENT BY THE BUYER.
b. Unless otherwise provided herein, Seller warrants title and that all goods sold hereunder shall conform to Seller’s standard specifications. Subject to the preceding sentence and except as otherwise expressly stated herein, SELLER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR ANY OTHER MATTER WITH RESPECT TO THE GOODS. Seller shall not be liable for, and Buyer assumes responsibility for, all personal injury and property damage resulting from the handling, possession or use of the goods by Buyer. Seller shall not be liable for any incidental or consequential damages that may result from the use of the Seller’s products.
c. Tent Renters Supply warrants our product will be free from defects in material & workmanship, which may cause failure under normal usage & service when used for the purpose intended for a period of one year following the date of purchase. Defects are limited to any defect which is a result of the manufacturing process. Excluded are holes, punctures, or other damage which can be caused during normal installation of a tent.
d. Tent Renters Supply, at its option, will repair or replace this product or any component of the product found to be defective during this warranty period. This warranty is valid for the original purchaser only, and is not transferable. This warranty does not cover damage which occurs in shipment, normal wear and tear, damage resulting from negligent use or misuse of the product, use contrary to instructions, repair or alterations by anyone other than Tent Renters Supply. The warranty also does not extend to any damage that results from forces of nature or that occurs during the cleaning of the tent or any part of its structure. The claim procedure for any allegedly defective merchandise is set out in Paragraph 8 below.
e. Tents are temporary structures and are not designed to meet building codes. Each jurisdiction has its own permitting requirements, laws, rules and regulations for the installation of tents. It is the sole responsibility of the Buyer to comply with all such legal requirements.
f. The tents and supporting structures sold hereunder by the Seller to the Buyer are NOT wind rated or tested for wind load resistance. Tent installation is specific to each Buyers installation site and a buyer should conduct the proper site installation plan to establish the suitability of the site for the installation and erection of the tent. The determination of the suitability of the site for the tent installation is the sole responsibility of the Buyer or its employees, contractors or agents. The determination as to whether the site and weather conditions are appropriate for the erection of the tent is at the sole discretion of the Buyer and the party erecting the tent. Any information and documentation provided by the (seller) is for reference only and is provided without any warranty) .
g. The erection of the tent, its placement, location and topography of the area in which the tent is erected are critical elements in the performance of the tent and its longevity. Tent Renters Supply does not assume any liability for any damages to the tent or any incidental or consequential damages that may result from the erection of the tent by the purchaser of the tent, the purchaser’s contractors, employees, agents or any other person. The tents are specifically not rated for any wind loading. The determination as to whether the weather conditions are appropriate for the erection of the tent is in the sole discretion of the party erecting the tent.
All vinyl used in the construction of any Tent Renters Supply product is vinyl as specified in the Tent Renters Supply specifications or that vinyl’s equivalent for the particular product. The vinyl is formulated by the producer and intended to provide protection against UV damage, mildew & mold. No warranty is made as to the actual performance as to UV resistance, mildew or mold resistance. Colors are not warranted against fading. All colors will fade.
7. CUSTOM PRODUCTS
a. Where the sales contract specifies the goods supplied to the customer as seconds, the sale shall be deemed made without any representations or warranty of quality whatsoever.
b. Buyer assumes all liability associated with custom products
c. Custom products require 50% payment prior to the start of work on the product. The balance of the payment is due upon shipment of the custom ordered goods, unless other payment terms are agreed upon in writing. Cancellation of a customer order more than five (5) days after receipt of payment of the 50% deposit shall be deemed a breach of the contract of sale and Seller shall retain the deposit paid as liquidated damages.
8. CLAIMS AND ALLOWANCES
a. Any and all claims for defects in material or workmanship must be made within thirty (30) business days of the receipt of the product by the Buyer. The Buyer waives its rights to a claim for defective material or workmanship if such claim is not made pursuant to the provisions of these Conditions of Sale.
b. Seller shall not be liable for normal manufacturing variations nor for customary, variations from quantities or specifications.
c. If Buyer claims goods are defective in quality, they must, after written authorization from Seller, be properly and promptly offered to the Seller for examination and if Buyer fails to make such goods available for examination, Buyer shall not be entitled to any allowance or claim as to such goods. Seller may, within 30 days after examination of the goods, replace any merchandise which is not in accordance with the contract, and in such event no further claim may be made by Buyer. Claims of any kind or nature are specifically barred unless made in writing within 30 days, if patent, and 90 days, if latent, after delivery of goods or prior to cutting, processing or altering of the goods in any manner from the original condition of delivery, whichever is earlier.
d. Exact matches of color are not guaranteed, but goods shall be a reasonable match to standard, fabrics may vary in shade from piece to piece and Seller assumes no responsibility for such variations.
e. The limit of liability of Seller for defective merchandise shall be the difference in value on contract date of delivery between goods specified and goods actually delivered. The limit of liability of Seller for late delivery or non-delivery shall be the difference, if any, between the contract price and the fair market price, on the contract date of delivery, of the goods to be delivered. In no event shall the Buyer be entitled to claim any other damages or any consequential damages for defective merchandise or late delivery or non-delivery, and in no instance shall damages include profit on contemplated uses or profit of any description.
a. No right to the use of any trade-name or trade-mark of the Seller passes to the Buyer under this contract and the Buyer agrees to refrain either directly or indirectly for using any of the Seller’s trade-names or trade-marks unless specifically authorized to the contrary by the Seller in writing.
10. PRICE ADJUSTMENT
a. Any increase in Seller’s costs due to increase in freight rates of labor or raw materials or due to governmental legislation, regulation, or other providing for a tax on any materials, goods, sales, use or process or providing for any regulation or control of Seller’s purchases, materials, labor, costs, sales, or business, or due to any delay caused by any such governmental legislation, regulation, or order, may be added to the price specified herein as to any undelivered portion of this contract.
a. Upon breach by Buyer as to any installment, Seller, at its option, may treat such breach as severable or as a breach of the entire contract, on giving written notice of such election to Buyer. If Buyer breaches this contract or any installment thereof, in addition to all other rights provided by law, Seller may sell the goods at public or private sales without notice to Buyer, and Buyer shall be liable for the difference between the contract price and the amount received on such sale, together with the costs and expenses of such sale. At such sale Seller may become the buyer of such goods.
b. Upon breach liquidated damages of 50% of the invoice will be the responsibility of the Buyer.
12. ENTIRE CONTRACT, ETC.
a. This contract supersedes Buyer’s purchase order and/or contract and contains the entire agreement between the parties. There are no oral understandings, representations or agreements relative to this contract which are not fully expressed herein.
b. No modification of this contract shall be binding unless in writing and signed by Buyer and Seller.
c. Waiver by Seller of a breach by Buyer of any provision of this contract shall not be deemed a waiver of future compliance therewith, and such provisions, as well as all other provisions hereunder, shall remain in full force and effect.
a. If any provision of this contract is or becomes, at any time and under any law, rule or regulation, unenforceable or invalid, no other provision of this agreement shall be affected thereby, and the remaining provisions of this agreement shall continue with the same effect as if such unenforceable or invalid provisions shall not have been inserted in this agreement.
a. Any controversy or claim arising under or in relation to this order or contract, or any modification thereof, shall be settled by arbitration. Such arbitration shall be held in the City of Tampa, Florida in accordance with the laws of the State of Florida, before and under the rules of the American Arbitration Association. The arbitrators sitting in any such arbitration arising hereunder shall not have the authority or power to modify or alter any express condition or provision hereof. The parties consent to the jurisdiction of the Supreme Court of the State of Florida for all purposes in connection with such arbitration; and further consent that any process or notice of motion or of other application to said Court or a Justice thereof may be served outside the State of Florida a by registered mail or by personal service, provided a reasonable time for appearance is allowed.
b. No returns are accepted without our written authorization. We hereby certify that these goods were produced in compliance with applicable requirements and provisions of the Fair Labor Standards Act and amendments thereto. All material sold is subject to standard warranty in effect at time of shipment and to our applicable terms and conditions of sale contained on the reverse side of our customer acknowledgement and original invoice. All “make and hold” orders must specify a date and quantity of initial shipment. Delivery of final shipment must be accepted no later than six months after said date at which time goods may be billed whether ordered shipped or not.