The terms and conditions of sale contained herein apply to all quotations
made and all purchase orders entered into by Ocean Avenue Distribution, and
acceptance by Ocean Avenue Distribution of any order by confirmation or commencement
of performance shall be on the basis of these terms and conditions of sale,
even though no reference is made thereto at the time of acceptance. Ocean Avenue Distribution's
failure to object to provisions contained in any communication
from Buyer shall not be deemed a waiver of these terms and conditions of sale.
Buyer's assent to these terms and conditions of sale shall be deemed to be given
by implication unless Buyer gives written notice of objection to Seller promptly
under receipt of this document. Any changes in the terms and conditions of sale
contained herein must specifically be agreed to in writing by an Officer of
Ocean Avenue Distribution before becoming binding on Ocean Avenue Distribution.
ACCEPTANCE OF ORDERS
All orders from Buyer are subject to acceptance by Ocean Avenue Distribution,
and Ocean Avenue Distribution reserves the right to accept or reject any orders
in whole or in part.
Prices are subject to change without notice.
Unless otherwise specified the Buyer shall provide Ocean Avenue Distribution with a tax exemption certificate acceptable to the taxing authorities.
All sales are made F.O.B. shipping point. Ocean Avenue Distribution's title
passes to Buyer upon making delivery of product purchased hereunder to
carrier at shipping point in good condition. All claims for loss or
damage must be filed by Buyer with the carrier. Unless specific
instructions are given by Buyer, Ocean Avenue Distribution reserves the
right to select carrier and routing.
PAYMENT AND TERMS
All orders shipped C.O.D. either check or certified funds are to be
paid upon delivery. Any order shipped C.O.D. company check and is refused
will be reshipped with additional freight and C.O.D. fees and is subject
to be shipped certified funds or pre-paid.
When you provide a check as payment, you authorize us either to use the information
from your check to make a one-time electronic fund transfer from your account or to
process the payment as a check transaction.
All orders on credit terms are due and payable within the net terms from
the date of invoice. No discounts are allowed unless negotiated prior to
shipment of the order. Invoices remaining unpaid after their due date will
be subject to interest charge of 1.5% per month (or the maximum rate allowed
in Buyer's State, if lower) from their due date until paid. Buyer will pay
all costs and expenses of collection of overdue accounts, including reasonable
All refused orders will be put back to stock and charged a 10% restocking
fee or $50.00 (if the order is less than $500.00) plus all shipping charges,
unless prior arrangements are made to reship the order before it reaches our
warehouse. All certified fund orders that are reshipped are released pre-paid only.
Any checks returned for NSF will be subject to a $25.00 NSF fee to be added to the total of the next order.
Each shipment shall be considered a separate and independent transaction, and payment therefore shall be made accordingly.
If, in the judgment of Ocean Avenue Distribution, the financial condition of Buyer at any time does not justify continuation
of product shipment on the terms of payment originally specified - Ocean Avenue Distribution may change terms to C.O.D. or require
full or partial payment in advance.
Ocean Avenue Distribution warrants merchandise sold by it to be free from
defects in materials and workmanship.
Ocean Avenue Distribution's entire liability and obligation to Buyer under
this warranty shall be expressly limited to the repair, replacement or
crediting, as Ocean Avenue Distribution may determine at its sole discretion.
No claim under this warranty shall be valid unless within ten (10) days
of its receipt of any product, the Buyer shall furnish Ocean Avenue Distribution
in writing notice of any defect in product. Without such timely notice,
Buyer shall be deemed to have waived any such defect which could be determined
based upon a reasonable inspection of such goods. Other than with respect to
the repair, replacement, or crediting of defective merchandise by Eastern Skateboard Supply
under the limited warranty as provided above, Ocean Avenue Distribution shall
have no obligation to Buyer with respect to any monetary damages by reason of
defect, and in no event shall Ocean Avenue Distribution be liable to Buyer for any
lost profits or consequential damages.
Ocean Avenue Distribution shall have the option of requiring the return to it
or an authorized representative of the defective merchandise, transportation
prepaid, for inspection. No warranty claim will be allowed which, in the
opinion of Ocean Avenue Distribution, resulted from merchandise being altered
or resulted from misuse, negligence or accident. In the event that some,
but not all items of merchandise are defective within the terms of the
limited warranty set forth above, the repair, replacement or crediting of
defective merchandise at Ocean Avenue Distribution's option shall apply only
to such defective items falling within the terms of such limited warranty
and Buyer shall have no right to return or seek credit for any items not
Buyer must obtain a Return Authorization (RA) Number from Ocean Avenue Distribution
prior to shipping any Product back to Ocean Avenue Distribution.
All Returns to be sent prepaid by Buyer. Custom made products which are
returned as defective, but are found to meet the specifications agreed
upon, will not be replaced or credited.