Terms and Conditions (as of 7/1/2019)
1. All goods to be invoiced upon departure of product unless held for Customer Owned Inventory, which will be invoiced upon order completion.
2. Terms of payment for customers with a credit account are 30-days from the invoice date. A late payment charge of one and one-half percent (1.5%) per month will be assessed on all amounts owed to Trade Fixtures and not received within the payment terms listed on the face of the invoice. Customers with a prepaid account are required to pay the total price of sale including any applicable freight and tax charges prior to departure of the products.
3. All shipments are EXWORKS shipping point.
4. Goods not shipped upon completion of lead time will be assessed warehousing charges at $20 per pallet. This rate is subject to change.
5. On client terminated orders, client shall reimburse Trade Fixtures for all costs to date of termination plus prorated overhead and profit.
6. Limited Warranty – Trade Fixtures / New Leaf Designs, LLC (“Seller”), warrants to the original (“Buyer”) only, that its injection molded bins and blow molded bins and their components, sold to the Buyer are free from defects in material or workmanship. The duration of this warranty is two (2) years from the date of delivery of the Products (the “Warranty Period”). If, within the Warranty Period, Buyer discovers a defect in material or workmanship, Buyer must promptly notify Seller in writing, setting forth in detail the nature of the nonconformity or defect (“Buyer’s Notice”). Seller shall in no event have any liability under or with respect to this warranty until the Buyer’s Notice and the defective Products are received by Seller, at Seller’s place of business at 1501 Westpark Drive, Suite 5, Little Rock, AR 72204, no later than (1) month after receipt of buyers notice.
All costs and expenses relative to the shipment of any defective Products to Seller will be at buyer’s expense. Normal ‘wear and tear’ is not covered. Within a reasonable time after its receipt of Buyer’s Notice and the defective Products, Seller, at its option, will either (a) correct any defect in the Products Identified in Buyer’s Notice by furnishing new or used replacement parts, (b) replace any defective Products.
Limitation of Remedies; Disclaimer of Warranty The remedies described above are Buyer’s sole and exclusive remedies for breach of warranty. Under no circumstances shall Seller be liable for any cost, loss expense, special damages, incidental damages, or consequential damages arising, directly or indirectly, from Buyer’s purchase, ownership, or use of the Products, whether based upon breach of warranty, breach of contract, negligence, strict tort liability, or any other legal theory.
THE WARRANTIES AND LIMITS OF LIABILITY DESCRIBED ABOVE ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7. All quotations are valid for 30 days. After 30 days both prices and lead times are subject to revision dependent on conditions prevailing at the time customer order is received.
8. Ownership and title for finished products transfers to client (buyer) upon transfer of goods to common carrier (EXWORKS shipping point) or warehousing agent, including Trade Fixtures when it has been retained to provide warehousing services.
9. Terms and Conditions cannot be modified or amended without written approval of Trade Fixtures, LLC.