Controlling Provisions

These terms and conditions shall control with respect to any and all purchase orders or sales of ALEUM products. No alteration, modification or waiver of these terms and conditions whether on the customer’s purchase order or otherwise shall be valid unless the alteration, modification, or waiver is specially accepted in writing by an authorized representative of ALEUM, Inc.

Shipping Terms

All orders are F.O.B. California unless otherwise agreed upon in writing. Orders are subject to approval by ALEUM’S upper management and credit department. Events that may affect deliveries: War, Civil Unrest or Disturbance, Strikes, Labor Disputes, Governmental Regulations, Delays of the Carrier (Land, Air, Ocean), Inability to Obtain Materials, Accidents, Acts of God or any other cause beyond our control.

Un-discounted Orders for $5,000 Net will qualify for FFA (Full Freight Allowed); one shipment to one location within the lower 48 states.

Shipping dates are estimated. We will make every effort to ship within the time required. Under no circumstances shall ALEUM be liable for damages of any kind, including but not limited to incidental or consequential damages for lost sales or profits of liquidate damages directly of indirectly arising from delays of failure to meet shipping dates. Orders accepted cannot be changed or cancelled without our
written consent. Orders for special (non-standard) goods may not be cancelled, nor will we accept return of those goods for credit.

Claims for Shortages

All claims for shortages must be made within 10 days of receipt of goods. Our responsibility ceases when the goods are delivered to the carrier in good condition. Carriers are responsible for goods lost, damaged or delayed in transit. For your own protection have the transportation company’s agent verify any damage, shortage or delay and note them on the freight bill over his/her signature.

Return Policy

Buyer shall make a careful inspection at the time of delivery. Buyer’s failure to give written notice specifying any claim within ten (10) days of delivery shall constitute an unqualified acceptance of all claims. No returned product will be accepted without prior approval. A restocking charge of 15% will apply on products approved for refund.

Product Specs

All weights are approximate and subject to change without notice. ALEUM reserves the right to change or modify product designs, specifications and/or standard equipment without notice and without incurring obligation. Prices and Terms and Conditions of Sale are subject to change without notice.

Warranty

We warrant all ALEUM products to be free from defects in materials and workmanship under normal conditions of use and service. Our obligation under this warranty is limited to repairing or replacing at our option at our factory or designated facility any product within 2 years after delivery to the original buyer, which shall be returned with transportation charges prepaid, and which our examination and inspection shall show to our satisfaction to have been defective.

This warranty is made expressly in lieu of any other warranties, expressed or implied, including any implied warranty of merchantability or fitness for a particular purpose. The buyer’s sole and exclusive remedy shall be for the replacement or repair of defective products as provided herein. The buyer agrees that no other remedy, including but not limited to, incidental or consequential damages for lost profits, lost sales, injury to person or property or any other incidental or consequential loss shall be available to him/her.

ALEUM neither assumes nor authorizes any person to assume any other liability in connection with the sale of such products. Item purchased by ALEUM and resold will have the original equipment manufacturers warranty extended to ALEUM customers where applicable.

This warranty shall not apply to any product which has been the subject to misuse, negligence or accident, which has been repaired or altered in any manner outside of ALEUM’s factory or designated facility or which has been used in a manner contrary to ALEUM’s instructions, recommendations or generally accepted practices. ALEUM shall not be responsible for design errors due to inaccurate or incomplete information supplied by the buyer or his representatives.