Terms and Conditions

1. FREIGHT

All transportation charges are prepaid from the warehouse of CYW, Inc.’s choice to one destination in the continental United States on orders meeting predetermined freight rates, with the carrier and routing of CYW, Inc.’s choice.

CYW, Inc. reserves the right to alter this policy prior to order confirmation. Deviations from this policy must be agreed to by CYW, Inc. and the Customer at the time an order is entered and prior to order confirmation.

 

2.MINIMUM ORDER

Minimum order is $50, based on CYW, Inc. current prices.

 

3.RETURNS

Materials returned for credit or exchange will be accepted only under the following conditions:

1. Materials must be current, cataloged, and must have been purchased within the thirty days immediately preceding the return of such materials. Specials and discontinued products, defined at the sole discretion of CYW, Inc., cannot be returned.

2. Prior to returning any product to CYW, Inc., approval and a Return Goods Authorization (RGA) number must be obtained. Freight carrier and routing must also be approved by CYW, Inc.

3. Materials received by CYW, Inc. without prior approval and authorization number will be returned, freight collect, to the Customer. The RGA number must be printed on all outer cartons.

4. All transportation charges must be paid by Customer. If CYW, Inc. determines the product to be defective, Customer’s account will be credited, including the appropriate freight charges.

5. Returning materials for credit or exchange are subject to a minimum restocking charge of 15% plus any freight expenses originally incurred by CYW, Inc. in the delivery of said and will be calculated at the sole discretion of CYW, Inc. All returns must be in saleable condition.

 

4.ADDITIONS AND CANCELLATIONS

Additions to orders already processed can only be made prior to those orders being shipped.

If an order has shipped, the addition will be treated as a new and separate order, and all standard rules and conditions regarding minimums, freight, etc. will apply. Customer cancellations of unshipped or partially shipped orders may result in adjustments to pricing, discounts or freight allowances and may result in charge backs to the Customer. Special orders cannot be cancelled.

 

5.CUSTOMER CREDITS

All invoicing disputes that require a customer credit must be resolved within 60 days of receipt of invoice. CYW, Inc. must be notified of all discrepancies in shipping within 72 hours.

 

6.PAYMENT TERMS

CYW, Inc.’s standard terms of sale are Net 30 days from date of invoice, payable in U.S. funds.

Discounts are not applicable to freight amounts. Customer’s payment must be all costs resulting from the collection of any monies due from the Customer, including finance charges, court costs and reasonable attorney’s fees, will be the responsibility of the Customer.

 

7.DELAY

CYW, Inc. shall not be liable for any failure or delay in delivery caused by any reason beyond the control of CYW, Inc. Definition of control is at the sole discretion of CYW, Inc. In the event of delay deemed by CYW, Inc. to be under its control, liability is limited to a maximum of $150 or the cost of shipping the delayed materials expediently, whichever is less.

 

8.BACK ORDERS

Back orders in excess of 120 days will be automatically cancelled. Back ordered items will be billed at prices ruling at the time of the original order, providing there has been no substantial increase in cost to CYW, Inc.

If CYW, Inc. is unable to ship a back ordered item at the original price, the Customer may cancel the back order or accept the new price without changing the shipping terms or discounts on the original order.

 

9.WARRANTY AND LIMITATION OF LIABILITY

CYW, Inc. will repair or replace any product which it considers to be defective in material or workmanship, excepting normal wear and tear, within 60 days from the date of purchase from CYW, Inc.

CYW, Inc. shall not be liable for any injury, loss or damage (direct, indirect, incidental or consequential) arising out of use of, misuse of, negligence, accident or inability to use any CYW, Inc. product.

The test data and application information printed in this product guide is intended to be used as a reference only. Due to variations of base material, installation procedures, environmental conditions and other factors, the user is responsible for verifying the accuracy of the data listed.

CYW, Inc. will not be liable for any claim based on the use of data or other information printed in this product guide. Please see page 13 for more information.

 

10.ACCEPTANCE OF TERMS AND CONDITIONS

Purchase of any product sold through CYW, Inc. implies complete and unconditional acceptance by purchaser of terms and conditions of sale as stated herein.

The venue shall be in Los Angeles County, California for any actions taken under the terms of sale.

 

11.MISCELLANEOUS

Box quantities and prices for any and all CYW, Inc. products are subject to change without notice. CYW, Inc. is not responsible for typos, errors or omissions.