Contract Terms and Conditions
ECO-FRIENDLY MARKET IS ALL ABOUT GREEN LIVING AND FAIR TRADE
MODE OF PAYMENT
Prepayment is required for all orders. Goods manufactured to order, including those with
custom specifications, require prepayment of 50% with balance due prior to shipment.
Remaining balance must be paid within five (5) working days after advice of the arrival of
the shipment to our warehouse.
Payment is accepted via wire transfer, Master Card, Visa or American Express. For domestic
orders, Eco-Friendly Market also accepts payment via company check upon discretion of an
authorized representative of Eco-Friendly Market. A $65.00 return fee will be charged for
any returned check.
Payment should be based on the invoice, not packing list with the reference customer
number and invoice number.
PURCHASE ORDERS
Eco-Friendly Market sells only to qualified members of the trade. All orders must be either
submitted in writing via email or fax. Eco-Friendly Market ships domestic orders on a stock
available basis and will backorder out of stock merchandise unless otherwise notified by
Purchaser. Orders once confirmed cannot be cancelled. The 50% deposit will not be
returned in case the Purchaser goes out of business
and is no longer capable of pursuing the orders.
PRICE/S
Prices do not include California sales tax, if applicable, or freight costs from Eco-Friendly
Market's warehouse. International purchasers are responsible for all import tariffs/customs
duties.
Prices are subject to change without notice. Please note the minimum quantities on
selected items. Price breaks are offered at certain quantity on some items. Orders should
be done in multiples of the minimum.
DELAYS IN SHIPPING
The scheduled dates for shipment of the products are estimated based on current and
anticipated manufacturing capabilities at the time of quotation and may be quoted as
months after receipt of order. All delivery dates are estimates only, and Eco-Friendly Market
shall not be liable for any damages relating to failure to ship the products as of a certain
date. Deliveries are subject to delay due to force majeur at no penalty or surcharge to Eco-
Friendly Market.
CHANGE ORDERS
Proposed changes in the goods subject to this Contract, submitted in writing by Purchaser,
will be reviewed by Eco-Friendly Market for acceptability and for the effect of the proposed
changes on shipping schedules and prices. Eco-Friendly Market will submit to Purchaser its
decision to accept or not to accept the proposed changes and the amendments to the
shipping schedules, selling prices and other terms upon which the proposed changes would
be acceptable to Eco-Friendly Market. The
changes will become effective as amendments to this Contract upon Purchaser’s written
acceptance of the said amended terms.
DESIGN, SPECIFICATION AND OTHER CHANGES
Eco-Friendly Market reserves the right to alter, change or modify the design and/or
construction of any goods without notice and without incurring any obligation to furnish or
install such alterations, changes or modifications on goods previously or subsequently sold.
Eco-Friendly Market products are handcrafted, and, as such, slight variations in size, color
and material are to be expected.
CANCELLATION
This Contract is not subject to cancellation by Purchaser except with Eco-Friendly Market’s
prior written agreement and after full payment by Purchaser of Eco-Friendly Market’s
cancellation charges which shall be equal to all amounts incurred by Eco-Friendly Market for
materials, labor and overhead in respect of the canceled goods plus reasonable contract
profits. Special ordered, custom, obsolete or non-current goods may not be returned and
orders for the same may not be canceled. All cancellations must be in writing and may be
subject to a 25% restocking fee if granted.
TRANSPORTATION AND DELIVERY
Unless otherwise agreed in writing, all deliveries of goods are F.O.B. Eco-Friendly Market’s
warehouse. Eco-Friendly Market assumes no liability for loss of or damage to the goods
after shipment from Eco-Friendly Market’s warehouse, and risk of loss with respect to the
goods passes to Purchaser at the said F.O.B. point. Unless otherwise agreed in writing by
Eco-Friendly Market and Purchaser, shipments will be made via the most reasonable
methods as determined in the sole and absolute discretion of
Eco-Friendly Market. Eco-Friendly Market will have the sole and absolute discretion to select
the method of shipment, routing of shipment and selection of carrier.
Special order items typically takes about twelve (12) weeks production and delivery time,
after receipt of 50% deposit and full payment. This is the typical production and delivery
time depending on the quantity ordered. In stock items are delivered the following
business day after full payment is received.
MERCHANDISE RETURN POLICY AND INSTRUCTIONS
All returns require a Return Authorization Number from Eco-Friendly Market ’s Customer
Service Department before a return will be accepted. Returns are acceptable only for defects,
shortages or errors for which Eco-Friendly Market is responsible, for a period up to but not
exceeding ten (10) days from the receipt of shipment. All claims for shortages or other
errors in delivery must be submitted in writing. Failure to give such written notice within ten
(10) days from the date of shipment shall constitute unqualified acceptance and a waiver of
all such claims. Submit all return requests using Eco-Friendly Market’s Return Merchandise
Authorization Form and send the completed form via email attachment. Eco-Friendly
Market's Customer Service Department will provide a Return Authorization Number which
must appear on the outside of each returned carton accompanied by a copy of the
completed Return Merchandise Authorization Form. All items must be returned in new
(unused) condition in the
original packaging so it can be inspected and the liability determined. Returns due to errors
on the part of Purchaser will be subject to a 25% restocking charge. After careful inspection
of the returned merchandise, Eco-Friendly Market will determine if the product is defective
and will contact Purchaser for further instruction or resolution. All returned merchandise must
be shipped back to Eco-Friendly Market prepaid at Purchaser’s expense. The total refund
amount will be the original purchase price of the returned merchandise plus any sales tax
applicable. Eco-Friendly Market cannot be responsible for lost or misdirected returns and
insurance with the carrier is advised. All shipments are inspected, checked and well packed
before leaving Eco-Friendly Market's warehouse. Eco-Friendly Market
packages all shipments compliant to carrier specifications and therefore any damage that
occurs may be solely through negligence of the carrier. All freight damage claims must be
filed with the carrier by Purchaser; please contact Eco-Friendly Market if a specific carrier’s
Freight Claims Department information is needed.
Visible Freight Damage: If shipment is delivered in a visibly damaged condition, insist on
the carrier's written notation of this damage on carrier's packing slip or delivery receipt
Retain the outside carton and packing materials and the carrier will advise whether to hold
the damaged item(s) for a physical inspection, return the item(s), or destroy the item(s).
For visible damaged merchandise, contact the carrier within five (5) days and request an
inspection. Retain a record of all actions and correspondence with the carrier. Do not discard
any cartons or inner packs so they may be inspected by the carrier for proper
reimbursement. Concealed Freight Damage: Retain the outside carton and packing
materials and the carrier will advise whether to hold the damaged item(s) for a physical
inspection, return the item(s), or destroy the item(s). For concealed damaged merchandise,
contact the carrier within five (5) days and request an inspection. Retain a record of all
actions and correspondence with the carrier. Do not discard any cartons or inner packs so
they may be inspected by the carrier for proper reimbursement.
WARRANTY DISCLAIMER
ECO-FRIENDLY MARKET EXPRESSLY DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR
IMPLIED BY OPERATION OF LAW OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, ANY
WARRANTY OF MERCHANTABILITY OR COMMERCIALLY AND ANY WARRANTY OF FITNESS FOR
ITS ORDINARY AND PARTICULAR PURPOSE.
LIMITATIONS OF LIABILITY
Our sole liability for goods sold is limited, at our election, to the repair or replacement of
goods, or repaying or crediting Purchaser for the purchase price of the goods plus any sales
tax applicable. ECO-FRIENDLY MARKET SHALL NOT BE LIABLE FOR ANY INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES OR EXPENSES DIRECTLY OR
INDIRECTLY ARISING FROM THE SALE, HANDLING OR USE OF ANY PRODUCTS. ANY DAMAGES
SHALL BE LIMITED TO DAMAGES AT LAW. No
representation or warranty, expressed or implied, made by any sales representative or other
agent or representative of Eco-Friendly Market which is not specifically set forth herein shall
be binding upon Eco-Friendly Market. You must submit all claims to us in writing within ten
(10) days from the receipt of shipment.
MISCELLANEOUS
(a) The waiver by Eco-Friendly Market of any term, provision or condition shall not be
construed to be a waiver of any other terms, provisions or conditions, nor shall such waiver
be deemed a waiver of a subsequent breach of the same term, condition or provision.
(b) This Contract and all questions of validity, interpretation, performance and
nonperformance shall be governed by the laws of the State of California .
(c) Purchaser is hereby notified of Eco-Friendly Market’s objection to any of Purchaser’s
terms inconsistent herewith and to any additional terms proposed by Purchaser in accepting
this Contract and such inconsistent or additional terms shall not become a part of this
Contract unless expressly accepted in writing by Eco-Friendly Market. Neither Eco-Friendly
Market’s subsequent lack
of objection to any such terms, nor the delivery of goods covered, shall constitute or be
deemed an agreement by Eco-Friendly Market to any such terms.
(d) This Contract, supersedes all prior negotiations and understandings of the parties and
contains the complete and final agreement between Eco-Friendly Market and Purchaser
concerning the subject matter herein and no other agreement in any way modifying any of
the said terms and conditions will be binding upon Eco-Friendly Market unless made in a
writing specifically referring to this Contract and signed by Eco-Friendly Market’s authorized
representative.
Signed:
ECO-FRIENDLY MARKET
Name: (Print)
Signature and date:
COMPANY NAME:
Company address:
Purchaser’s Name: (Print)
Signature and date:
MODE OF PAYMENT
Prepayment is required for all orders. Goods manufactured to order, including those with
custom specifications, require prepayment of 50% with balance due prior to shipment.
Remaining balance must be paid within five (5) working days after advice of the arrival of
the shipment to our warehouse.
Payment is accepted via wire transfer, Master Card, Visa or American Express. For domestic
orders, Eco-Friendly Market also accepts payment via company check upon discretion of an
authorized representative of Eco-Friendly Market. A $65.00 return fee will be charged for
any returned check.
Payment should be based on the invoice, not packing list with the reference customer
number and invoice number.
PURCHASE ORDERS
Eco-Friendly Market sells only to qualified members of the trade. All orders must be either
submitted in writing via email or fax. Eco-Friendly Market ships domestic orders on a stock
available basis and will backorder out of stock merchandise unless otherwise notified by
Purchaser. Orders once confirmed cannot be cancelled. The 50% deposit will not be
returned in case the Purchaser goes out of business
and is no longer capable of pursuing the orders.
PRICE/S
Prices do not include California sales tax, if applicable, or freight costs from Eco-Friendly
Market's warehouse. International purchasers are responsible for all import tariffs/customs
duties.
Prices are subject to change without notice. Please note the minimum quantities on
selected items. Price breaks are offered at certain quantity on some items. Orders should
be done in multiples of the minimum.
DELAYS IN SHIPPING
The scheduled dates for shipment of the products are estimated based on current and
anticipated manufacturing capabilities at the time of quotation and may be quoted as
months after receipt of order. All delivery dates are estimates only, and Eco-Friendly Market
shall not be liable for any damages relating to failure to ship the products as of a certain
date. Deliveries are subject to delay due to force majeur at no penalty or surcharge to Eco-
Friendly Market.
CHANGE ORDERS
Proposed changes in the goods subject to this Contract, submitted in writing by Purchaser,
will be reviewed by Eco-Friendly Market for acceptability and for the effect of the proposed
changes on shipping schedules and prices. Eco-Friendly Market will submit to Purchaser its
decision to accept or not to accept the proposed changes and the amendments to the
shipping schedules, selling prices and other terms upon which the proposed changes would
be acceptable to Eco-Friendly Market. The
changes will become effective as amendments to this Contract upon Purchaser’s written
acceptance of the said amended terms.
DESIGN, SPECIFICATION AND OTHER CHANGES
Eco-Friendly Market reserves the right to alter, change or modify the design and/or
construction of any goods without notice and without incurring any obligation to furnish or
install such alterations, changes or modifications on goods previously or subsequently sold.
Eco-Friendly Market products are handcrafted, and, as such, slight variations in size, color
and material are to be expected.
CANCELLATION
This Contract is not subject to cancellation by Purchaser except with Eco-Friendly Market’s
prior written agreement and after full payment by Purchaser of Eco-Friendly Market’s
cancellation charges which shall be equal to all amounts incurred by Eco-Friendly Market for
materials, labor and overhead in respect of the canceled goods plus reasonable contract
profits. Special ordered, custom, obsolete or non-current goods may not be returned and
orders for the same may not be canceled. All cancellations must be in writing and may be
subject to a 25% restocking fee if granted.
TRANSPORTATION AND DELIVERY
Unless otherwise agreed in writing, all deliveries of goods are F.O.B. Eco-Friendly Market’s
warehouse. Eco-Friendly Market assumes no liability for loss of or damage to the goods
after shipment from Eco-Friendly Market’s warehouse, and risk of loss with respect to the
goods passes to Purchaser at the said F.O.B. point. Unless otherwise agreed in writing by
Eco-Friendly Market and Purchaser, shipments will be made via the most reasonable
methods as determined in the sole and absolute discretion of
Eco-Friendly Market. Eco-Friendly Market will have the sole and absolute discretion to select
the method of shipment, routing of shipment and selection of carrier.
Special order items typically takes about twelve (12) weeks production and delivery time,
after receipt of 50% deposit and full payment. This is the typical production and delivery
time depending on the quantity ordered. In stock items are delivered the following
business day after full payment is received.
MERCHANDISE RETURN POLICY AND INSTRUCTIONS
All returns require a Return Authorization Number from Eco-Friendly Market ’s Customer
Service Department before a return will be accepted. Returns are acceptable only for defects,
shortages or errors for which Eco-Friendly Market is responsible, for a period up to but not
exceeding ten (10) days from the receipt of shipment. All claims for shortages or other
errors in delivery must be submitted in writing. Failure to give such written notice within ten
(10) days from the date of shipment shall constitute unqualified acceptance and a waiver of
all such claims. Submit all return requests using Eco-Friendly Market’s Return Merchandise
Authorization Form and send the completed form via email attachment. Eco-Friendly
Market's Customer Service Department will provide a Return Authorization Number which
must appear on the outside of each returned carton accompanied by a copy of the
completed Return Merchandise Authorization Form. All items must be returned in new
(unused) condition in the
original packaging so it can be inspected and the liability determined. Returns due to errors
on the part of Purchaser will be subject to a 25% restocking charge. After careful inspection
of the returned merchandise, Eco-Friendly Market will determine if the product is defective
and will contact Purchaser for further instruction or resolution. All returned merchandise must
be shipped back to Eco-Friendly Market prepaid at Purchaser’s expense. The total refund
amount will be the original purchase price of the returned merchandise plus any sales tax
applicable. Eco-Friendly Market cannot be responsible for lost or misdirected returns and
insurance with the carrier is advised. All shipments are inspected, checked and well packed
before leaving Eco-Friendly Market's warehouse. Eco-Friendly Market
packages all shipments compliant to carrier specifications and therefore any damage that
occurs may be solely through negligence of the carrier. All freight damage claims must be
filed with the carrier by Purchaser; please contact Eco-Friendly Market if a specific carrier’s
Freight Claims Department information is needed.
Visible Freight Damage: If shipment is delivered in a visibly damaged condition, insist on
the carrier's written notation of this damage on carrier's packing slip or delivery receipt
Retain the outside carton and packing materials and the carrier will advise whether to hold
the damaged item(s) for a physical inspection, return the item(s), or destroy the item(s).
For visible damaged merchandise, contact the carrier within five (5) days and request an
inspection. Retain a record of all actions and correspondence with the carrier. Do not discard
any cartons or inner packs so they may be inspected by the carrier for proper
reimbursement. Concealed Freight Damage: Retain the outside carton and packing
materials and the carrier will advise whether to hold the damaged item(s) for a physical
inspection, return the item(s), or destroy the item(s). For concealed damaged merchandise,
contact the carrier within five (5) days and request an inspection. Retain a record of all
actions and correspondence with the carrier. Do not discard any cartons or inner packs so
they may be inspected by the carrier for proper reimbursement.
WARRANTY DISCLAIMER
ECO-FRIENDLY MARKET EXPRESSLY DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR
IMPLIED BY OPERATION OF LAW OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, ANY
WARRANTY OF MERCHANTABILITY OR COMMERCIALLY AND ANY WARRANTY OF FITNESS FOR
ITS ORDINARY AND PARTICULAR PURPOSE.
LIMITATIONS OF LIABILITY
Our sole liability for goods sold is limited, at our election, to the repair or replacement of
goods, or repaying or crediting Purchaser for the purchase price of the goods plus any sales
tax applicable. ECO-FRIENDLY MARKET SHALL NOT BE LIABLE FOR ANY INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES OR EXPENSES DIRECTLY OR
INDIRECTLY ARISING FROM THE SALE, HANDLING OR USE OF ANY PRODUCTS. ANY DAMAGES
SHALL BE LIMITED TO DAMAGES AT LAW. No
representation or warranty, expressed or implied, made by any sales representative or other
agent or representative of Eco-Friendly Market which is not specifically set forth herein shall
be binding upon Eco-Friendly Market. You must submit all claims to us in writing within ten
(10) days from the receipt of shipment.
MISCELLANEOUS
(a) The waiver by Eco-Friendly Market of any term, provision or condition shall not be
construed to be a waiver of any other terms, provisions or conditions, nor shall such waiver
be deemed a waiver of a subsequent breach of the same term, condition or provision.
(b) This Contract and all questions of validity, interpretation, performance and
nonperformance shall be governed by the laws of the State of California .
(c) Purchaser is hereby notified of Eco-Friendly Market’s objection to any of Purchaser’s
terms inconsistent herewith and to any additional terms proposed by Purchaser in accepting
this Contract and such inconsistent or additional terms shall not become a part of this
Contract unless expressly accepted in writing by Eco-Friendly Market. Neither Eco-Friendly
Market’s subsequent lack
of objection to any such terms, nor the delivery of goods covered, shall constitute or be
deemed an agreement by Eco-Friendly Market to any such terms.
(d) This Contract, supersedes all prior negotiations and understandings of the parties and
contains the complete and final agreement between Eco-Friendly Market and Purchaser
concerning the subject matter herein and no other agreement in any way modifying any of
the said terms and conditions will be binding upon Eco-Friendly Market unless made in a
writing specifically referring to this Contract and signed by Eco-Friendly Market’s authorized
representative.
Signed:
ECO-FRIENDLY MARKET
Name: (Print)
Signature and date:
COMPANY NAME:
Company address:
Purchaser’s Name: (Print)
Signature and date:
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