Terms and Conditions
These Terms and Conditions (“Terms”) are a legally binding agreement between Advanced Pedestals Ltd. (hereinafter referred to as “Company,” “we,” “us,” or “our”) and the customer (hereinafter referred to as “Customer,” “Client”, “you,” or “your”). By using our products, services, or placing an order with us, you acknowledge and agree to these Terms and Conditions. Please read these Terms carefully before doing business with us.
1. Orders and Product Specifications
1.1 Order Placement: All orders placed with us are subject to acceptance by Advanced Pedestals Ltd. We reserve the right to reject any order at our sole discretion.
1.2. Product Specifications: You are responsible for providing accurate specifications and requirements for the products you order. We will manufacture products based on the specifications provided by you. Any discrepancies or errors in the specifications are your responsibility and you agree to indemnify us and hold us harmless for any discrepancies or errors in the specifications.
2. Pricing and Payment
2.1. Pricing: Pricing for our products and services will be provided in writing and is subject to change without notice. All prices are exclusive of applicable taxes, shipping, and handling charges unless otherwise specified.
2.2. Payment: Payment terms are outlined in the invoice provided to you. Payment is due upon receipt of the invoice, and we reserve the right to withhold or delay delivery of products until payment is received in full.
3. Delivery and Shipment
3.1. Delivery Dates: We will make reasonable efforts to meet the agreed-upon delivery dates. However, we are not liable for any delays that may occur due to unforeseen circumstances or events beyond our control.
3.2. Shipping and Handling: Shipping and handling charges are the responsibility of the Customer unless otherwise specified. Risk of loss or damage to products passes to the Customer upon delivery from our facility.
4. Quality and Warranty
4.1. Quality Assurance: We strive to provide high-quality products. If you receive products that are defective or not in accordance with the agreed specifications, then you agree to notify us immediately with details of the alleged defect so that the issue may be promptly addressed.
4.2. Warranty: Our products may be covered by warranties as specified in separate warranty documents provided with the products. However, there are no express warranties contained herein.
5. Returns and Refunds
5.1. Returns: Returns of products will be accepted only in accordance with our Return Policy, which can be obtained upon request.
5.2. Refunds: Refunds will be issued in accordance with our Refund Policy, which can be obtained upon request.
6. Intellectual Property
6.1. Intellectual Property Rights: All intellectual property rights in our products and services, including but not limited to patents, trademarks, and copyrights, are owned by Advanced Pedestals Ltd.
7. Limitation of Liability
7.1. Limitation: To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly.
8. Governing Law and Venue
8.1. Governing Law: These Terms and all disputes arising out of or relating to these Terms or the use of our products and services shall be governed by and construed in accordance with the laws of the State of Texas, United States of America. The venue for any dispute shall be Cooke County, Texas.
9. Contact Information
9.1. Contact: For any questions or concerns regarding these Terms or our products and services, please contact us at Advanced Pedestals, Ltd., PO Box 1037, Gainesville, Texas 76241 or telephone number 940-668-4380.
10. Cancellation of Purchase Order and Extension of Due Date
10.1. Cancellation of Purchase Order: You may request the cancellation of a purchase order by providing written notice to Advanced Pedestals Ltd. However, such cancellation is subject to the following conditions: (1) Purchase Order shall not be cancelled if the said order is in current production. (2) Purchase Order shall not be cancelled (30) days after entry of purchase order.
10.1.1. Cancellation Fees: Depending on the stage of production, cancellation fees may apply. The specific fees and conditions for cancellation will be outlined in the purchase order and agreed upon in writing. Advanced Pedestals Ltd. reserved the right to determine the cancellation fee depending on the fair market value of raw materials procured by Advanced Pedestals Ltd. to produce the said purchase order.
10.1.2. Acceptance of Cancellation: Advanced Pedestals Ltd. reserves the right to accept or reject any cancellation request, especially if production has already commenced or materials have been procured for the order.
10.2. Extension of Due Date: If you require an extension of the due date for an order, please notify us in writing as soon as possible. We will make reasonable efforts to accommodate your request, but such extensions are subject to the following conditions: The extension will be considered and determined by the order(s)’s stage of production and materials procured for the order.
10.2.1. Agreement in Writing: Any extension of the due date must be agreed upon in writing by both parties.
10.2.2. Additional Costs: An extension of the due date may result in additional costs, which will be communicated to you in advance.
10.2.3. Production Schedule: The availability of production slots and scheduling constraints may affect our ability to extend the due date.
10.2.4. Force Majeure: Advanced Pedestals Ltd. shall not be liable for any delays caused by force majeure events, as defined in Section 11 of these Terms.
11. Force Majeure
11.1. Definition: Neither party shall be liable for any failure or delay in performing its obligations under these Terms, including but not limited to the fulfillment of purchase orders, if such failure or delay is due to circumstances beyond its reasonable control. Such circumstances may include, but are not limited to, acts of God, fire, flood, earthquake, explosion, war, terrorism, riot, civil commotion, government action, pandemic, epidemic, labor disputes, strikes, or other unforeseeable events (hereinafter referred to as “Force Majeure Events”).
11.2. Notice: The party affected by a Force Majeure Event shall promptly notify the other party in writing of the Force Majeure Event and its anticipated duration. The party claiming Force Majeure shall provide regular updates on the situation and make reasonable efforts to mitigate the impact of the event.
11.3. Extension of Time: In the event of a Force Majeure Event, the time for performance of the affected obligations shall be extended for the duration of the Force Majeure Event, provided that the party affected by the Force Majeure Event continues to use reasonable efforts to perform its obligations.
11.4. Termination: If a Force Majeure Event continues for an extended period, either party may, at its discretion, terminate the affected purchase order(s) or these Terms without liability.
11.5. No Waiver: The failure of either party to assert any of its rights under this clause shall not constitute a waiver of such rights, nor shall it affect or impair the parties’ rights in any subsequent instance.
11.6. Mitigation: Both parties agree to take all reasonable steps to mitigate the effects of a Force Majeure Event and to resume full performance of their respective obligations under these Terms as soon as the Force Majeure Event ceases to exist or significantly diminishes.
12. Entire Agreement
These Terms and Conditions, together with any separate agreements or policies referred to herein, constitute the entire agreement between Advanced Pedestals Ltd. and the Customer, supersedes all prior understandings, negotiations, and discussions, and govern the use of our products and services. Any amendments or modifications to these Terms and Conditions must be made in writing and signed by both parties to be valid.
By engaging in business with Advanced Pedestals Ltd., you acknowledge that you have read, understood, and agree to abide by and be bound by these Terms and Conditions.