Wholesale Terms & Conditions
Terms and Conditions of Sale
- Acceptance of Orders: All orders are subject to acceptance by BSX Group LLC or its subsidiaries ("Manufacturer") at its principal facility in Inglewood, California. Manufacturer reserves the right to accept or reject any order at its sole discretion.
- Prices and Payment: Prices are as quoted at the time of order and are subject to change without notice. Payment terms are net 0 days from the date of invoice unless otherwise agreed in writing. A service charge of 1.5% per month (18% per annum) will be applied to overdue accounts. Credit cards are acceptable, wire transfer may be acceptable with pre-approval.
- Delivery: All deliveries are FOB Manufacturer's facility in Inglewood, California. Risk of loss passes to the buyer upon delivery to the carrier. Delivery dates are estimates and not guaranteed. Manufacturer is not liable for any delays in delivery or failure to deliver due to causes beyond its reasonable control.
- Inspection and Acceptance: Buyer must inspect the products upon receipt and notify Manufacturer in writing of any defects or nonconformance within 5 days. Failure to notify Manufacturer within this period constitutes acceptance and waiver of all claims.
- Returns: No products may be returned without Manufacturer's prior written consent. Authorized returns must be in original packaging and condition. A restocking fee of 20% may apply.
- Warranty: Manufacturer warrants that products will be free from defects in material and workmanship for a period of one year from the date of shipment. This warranty is limited to repair or replacement of defective products. Manufacturer disclaims all other warranties, express or implied, including warranties of merchantability and fitness for a particular purpose.
- Limitation of Liability: Manufacturer's liability for any claim arising out of or related to these terms, including any product delivered, is limited to the amount paid by Buyer for the specific product giving rise to the claim. In no event shall Manufacturer be liable for any indirect, incidental, special, or consequential damages.
- Compliance with Laws: Buyer agrees to comply with all applicable federal, state, and local laws and regulations in connection with the purchase and use of the products.
- Governing Law and Jurisdiction: These terms and conditions are governed by and construed in accordance with the laws of the State of California. Any legal action or proceeding arising under or in connection with these terms shall be brought exclusively in the state or federal courts located in California.
- Entire Agreement: These terms and conditions constitute the entire agreement between Manufacturer and Buyer regarding the subject matter hereof and supersede all prior agreements and understandings. Any modifications must be in writing and signed by both parties.
- Force Majeure: Manufacturer shall not be liable for any failure to perform its obligations where such failure results from any cause beyond Manufacturer's reasonable control, including but not limited to acts of God, war, strikes, or shortages of materials.
- Severability: If any provision of these terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
- Waiver: No waiver by Manufacturer of any breach of these terms will be deemed a waiver of any other breach or subsequent breach.
- Assignment: Buyer may not assign its rights or obligations under these terms without Manufacturer's prior written consent. Manufacturer may assign its rights and obligations without restriction.
By placing an order with Manufacturer, Buyer acknowledges and agrees to these terms and conditions.