ACKNOWLEDGEMENT
Subject to availability, Peter Pepper Products (PPP®) hereby offers to sell the products referred to in its sales catalogs and any Acknowledgement or Invoice only upon the following terms and conditions.This offer is subject to acceptance only on the following terms and conditions.
These terms and conditions are hereby incorporated into any purchase order, sales acknowledgement documents and all subsequent actions relating to any of the products sold by PPP. Any additional or different terms and conditions proposed by any Buyer in any purchase order or confirmation are hereby rejected, shall not be a part of any contract binding upon PPP and such purchase order or acceptance shall constitute an acceptance of this offer.
Any and all subsequent actions by the parties shall be pursuant to these terms and conditions.
Every order is acknowledged, by fax or e-mail when possible.
Orders will be manufactured and invoiced based upon the information on the acknowledgement.
If there is any discrepancy, notify PPP immediately.
A work order number is assigned to all orders.
‘ADD-ON’ orders will be processed as a new order.
Estimated delivery time is stated from time order is placed into production and shown on acknowledgement. Peter Pepper Products, Inc. disclaims responsibility when the description is in conflict with the model number.
DAMAGED MERCHANDISE/CLAIMS BY BUYER
The utmost care is used in packing and shipping. Our liability ends when the carrier issues a clean receipt to us (FOB) . PPP shall incur no liability for damage, shortage or other cause alleged to
have occurred or existed at or prior to delivery to the carrier unless full details thereof are entered
on its receipt to the carrier. We are not responsible for loss or damage during transit.
All items are shipped at purchaser’s risk.
All shipments should be carefully inspected by the consignee before acceptance and the delivering carrier should be requested to record any damage or shortage. If further damage is found after delivery, immediate inspection by the delivering carrier should be requested. Notification of concealed damages must be made to the delivering carrier within 3 days after delivery of merchandise. Keep all packaging materials until inspection has been made. Carrier liability ends after 3 days. CAUTION • After obtaining a clear receipt for shipment, the delivering carrier is no longer responsible for damage or shortages.
DELAYS IN DELIVERY
PPP shall attempt to meet any shipment or delivery date specified, but in no event shall it be responsible or liable for failure to ship or deliver on or by any particular date.
PPP shall not be liable to any buyer or any third party for indirect or consequential damages due to delays in the shipment or delivery of goods.
e-mail, FAX & TELEPHONE ORDERS
e-mail, FAX & telephone orders are accepted.
However, if confirming purchase orders are sent, they must be marked ‘CONFIRMATION’. Duplicate orders not marked ‘CONFIRMATION’ are the responsibility of the customer.
F.O.B. POINTS
COMPTON, CA 90221
All products except as noted below Class 100 & 125
GRAND RAPIDS, MI 49548
Wood & Laminate Tables from Class 150 - Catalog Section 7.1
LITHIA SPRINGS, GA 30057
CrystalMint® Display System Class 100 - Catalog Section 9, 9+
TORONTO, CANADA L1S 6N3
All fiberglass products from Class 100 - Catalog Sections 4, 7.2
LIMITATION OF LIABILITY
Buyer’s exclusive remedy for claims arising hereunder shall be for the replacement or repair of products proven to have manufacturing and/or specification defects, or the allowance of credit therefore, at the option of PPP, and shall be dependent upon PPP’s acknowledgement that such defects exist. PPP’s liability for any and all losses and damages to Buyer resulting from any cause whatsoever, including PPP’s negligence, alleged damaged or defective goods, irrespective of whether such defects are discoverable or latent, shall be limited to the replacement or the repair of the product proven to have manufacturing and/or specification defects or allowance of credit therefore, at PPP’s option.
MISCELLANEOUS
This agreement supersedes all prior or contemporaneous written or oral representations,
agreements or oral contracts. Neither party shall assign any right hereunder without the prior written approval of the other.
This agreement shall be deemed to have been made in the State of California and shall be
construed in accordance with the laws thereof.
Any cause or action arising from this agreement shall be brought only in the Superior Court of the State of California in and for the County of Los Angeles, which court shall have sole and exclusive jurisdiction over all controversies arising hereunder.
NEW ACCOUNTS/CREDIT
New, open accounts can only be established on initial orders exceeding $1000.00 NET,
accompanied by 1 bank credit and 3 trade references.
Establishing credit may take up to four weeks from date of order receipt. Allow adequate time for credit approval and production when submitting first order, or enclose payment with order.
Non-cashier checks are held 10 days on new accounts before shipment is made. Returned check charge $20.00.We may cancel or change credit terms at our discretion and may request advance payment at any time.
PDQ (Prices printed in BOLD)
Pepper Delivers Quicker! Shipment within 10 business days.
Products on PDQ MUST be on a separate order and MUST specify PDQ. PDQ orders MUST be complete in all details, with prior credit approval, credit card or cash with order.
ALL PRICES ARE SUGGESTED LIST PRICES
Prices subject to usual trade discounts, unless otherwise specified.
Shipping costs and any applicable taxes are additional and are not subject to discount.
PPP is required to collect sales tax in a number of states. Valid resale certificates are accepted and will remain on file until withdrawn.
CRATING
Charges are quoted as NET costs and are not subject to discount.
RETURNED GOODS and CANCELLATIONS
Most merchandise is manufactured to your specifications, upon receipt of your order.
Therefore, no merchandise may be returned without our written consent.
Authorized returns are subject to a minimum 40% restocking charge, with a $75 minimum.
Custom orders cannot be returned under any conditions.
Returned goods must be unused and packaged in original cartons and shipped freight
prepaid within 90 days of original shipping date.
Credit is subject to inspection by our receiving department.
Orders may not be cancelled without our written consent.
A cancellation charge may be imposed at our discretion, based on the amount of production completed.
Orders ready for shipment, under no circumstances, will be cancelled.
SHIPPING
Freight Guaranteed Program
PPP offers an optional 'Freight Guaranteed Program' with delivery via common carrier or
United Parcel Service (UPS). Freight charges are pre-calculated and pre-paid by PPP and
added to the original invoice at time of shipment. This optional 'Freight Guaranteed Program' enables the purchaser to determine freight charges when ordering and provides one invoice
for both PPP products and freight.
All merchandise (except items marked by *) will be shipped UNITED PARCEL SERVICE,
unless total weight of order indicates reduced shipping charges by truck. ($8.00 UPS charge applies)
* TRUCK shipment only. (Cannot be shipped United Parcel Service)
Non-cashier checks are held 10 days on new accounts before shipment is made.
Unless complete shipping instructions are furnished by the customer, we have the option to
ship by, what is in our opinion, the best way.
At our discretion, individual labeling or tagging is subject to a special handling charge.
Please be certain to include ‘SHIP TO’ zip code on your order.
Only one ‘SHIP TO’ address per purchase order.
On request, Peter Pepper Products will estimate freight costs to the best of our ability.
Such an estimate is not be be construed as a quotation and Peter Pepper Products assumes
no responsibility for differences that may occur in the estimate and actual freight costs.
SHORTAGE CLAIMS
Shortage claims reported after 30 days beyond shipment date will not be honored.
SPECIALS/COLOR MATCH
$270 NET upcharge per color match on a minimum of $500 NET ORDER per F.O.B. Point.
A 50% deposit is required. Custom orders for non-standard or modified products cannot be cancelled or returned under any conditions.
COM • CUSTOMERS OWN MATERIAL
COM materials must be shipped freight pre-paid, with the following information on the
OUTSIDE of the package •
1. Buyers name, Purchase Order no. to PPP and date.
2. PPP Work Order no. material is to cover.
3. Quantity and PPP model no. material is to cover.
We cannot be held responsible for performance of COM materials, yields or variations in tone
or weaving. ALL responsibility for COM shipments is between the buyer and the source.
SPECIFICATIONS
PPP reserves the right to change prices, specifications, finishes and discontinue products at
any time, without prior notice.
Although some discontinued products may be shown descriptively in your edition of the catalog, model numbers and prices have been deleted from this Price List.
Color Card & Textures & Finishes Card approximate actual colors as closely as possible.
Color reproduction of products shown in PPP catalogs and web-site are approximate.
Actual color and/or wood samples are available on request.
Normal variations in wood finishes may occur.
Illustrations and information presented were correct when approved for printing.
STORAGE
Orders held for ‘will call’ will be invoiced on date merchandise is ready for ‘will call’.
If delivery cannot be accepted upon agreed date, merchandise will be stored at the customer’s expense and risk. Invoice for merchandise and storage will be issued when goods are placed into storage, subject to PPP standard payment terms.
TERMS of SALE
1% 10 days, NET 30 days from date of invoice on approved credit.
Products are shipped F.O.B. factories. Freight is not subject to PPP trade discount.
No anticipation discount allowed.
If payment is not made within 30 days from invoice date, customer shall be liable for interest charges of up to 2% per month (24% per annum) & collection costs, including attorney’s fees.
TITLE TO MERCHANDISE
Buyer acknowledges that once PPP delivers the goods to the carrier, title to the merchandise
and risk of loss will pass to the buyer. If goods are damaged by the carrier while in transit, the buyer has the sole obligation of seeking any appropriate recourse against the carrier.
Peter Pepper Products shall not be liable for consequential damages.
Peter Pepper Products retains a security interest in all products sold to secure the purchase price and all other obligations owed by the customer to Peter Pepper Products until fully paid.
WARRANTY
PPP agrees that the goods it sells will be basically as described in the PPP catalogs.
However, PPP retains the right to modify or change the composition, design, sizes and appearance of the goods, if in PPP’s judgement, this is advisable.
PPP warrants that the goods it sells will be free from defects in material an workmanship for
a period of three (3) years from the invoice date. All porcelain enamel writing surfaces are warranted for the lifetime of the original installation under normal atmospheric conditions.
PPP does not provide any further statement of fact, promise, representation or affirmation
with respect to the quality or description of the goods it sells.
It is expressly understood and agreed that no other express or implied warranties of any nature, including implied warranties of fitness/merchantability apply to goods sold by PPP.
In the event a product does not conform to the foregoing warranties, the buyer’s sole remedy will be for replacement or repair of parts, at PPP’s option. Any warranty claim must be made promptly by written notice to PPP. Any claim not made within the warranty period is waived.
PPP shall have no other obligation of any kind. In no event shall PPP be liable to any party for any incidental or consequential damages.
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