SURCHARGE ON RETAIL
For retail sale, we will charge an additional 30% on the prices listed in order to cover additional costs, as well as to protect the interest of our main customer-retailers. Sales tax will also be added. Other Charges We will charge $5 per package as a RE-PACKING FEE to the shipping-out orders only if the items ordered are not in case-lot-quantities. We will also charge 10% of the original freight bill if we have to pay in advance on behalf of the customer.
LIABILITY OF SHIPPING
Merchandise once picked up by a COMMON CARRIER, or by the designated REPRESENTATIVE of the customer, shall constitute delivery of merchandise to the customer; thereafter, the order shall be at the customer’s own risk.
Return of an incorrect item must be in new condition with original packaging. We will refund our customer either 100% of the paid price, or at the latest selling price. We reserve our right to decide to repair the claimed defective product or to replace it with the same kind of product in good condition, or simply refund the customer. If we take one of the first two options we will cover the costs of shipping the merchandise to the customer.
Customers should provide us the invoice number under which the claimed product was purchased from us when filing a claim. Before a return of any product for any reason, the customer should obtain our authorization and put our approval number on the package. Freight and other expenses incurred should be prepared by the customer without recourse. Defects or shortages caused by a common carrier, such as a shortage in the number of cases, or torn packages, etc. will not be our responsibility; the customer must make a claim directly with the carrier at the time of delivery. For a concealed shortage inside the shipping package or incorrect items received, the customer shall make a claim to us within three working days.
Without our written authorization, the stated policy in whole shall become the standard SALE CONTRACT, which will automatically be executed, binding us and the customer once the customer’s order is shipped. The contract shall be deemed to have been entered into the County of Los Angeles, State of California, regardless of where it is executed. King Tools and Equipment, Inc. and customer/buyer hereby stipulate any action necessary to enforce this agreement will be brought in any court situated in the County of Los Angeles, State of California to the jurisdiction of which court both parties submit.
In the interest of fairness no exception can be made for customers who fail to follow our established policy. Please remember that your helping us to keep costs down means greater savings to you. Thank you for your understanding and patronage. Some states do not allow limitations on incidental or consequential damages, or how long an implied warranty last, so that above limitations may not apply to you. This warranty gives you specific legal rights, and you may have other rights which may vary from state to state.