PRICING in effect on date of receipt of order except:

1. Written quotations will be held firm for a period of 60 days from the date of quotation.
2. If order specifies that shipment is to be held or deferred beyond 30 days from date of order, prices in effect on the date of shipment will apply.
3. In the event of price reductions between the date of order and the date of shipment, the original price will apply.

HOLD ORDERS: Orders received with Hold for Release or Approval, etc., are not booked and processed for manufacture until release is given. Subject to pricing terms above.

TERMS: Net 30 days from date of invoice.
MINIMUM order size is $100.00 net plus tax and transportation charges will be made if applicable.

TAXES: Buyer agrees to assume responsibility for all Federal, State or Local taxes applicable or arising out of the fulfillment of buyer’s purchase order.

PACKING: All prices are based on the use of standard domestic packaging and packing.

SHIPPING AND HANDLING ALLOWANCE:
All surface freight shipments are F.O.B. shipping point with freight allowed on orders in the amount of $3500.00 or over for shipments to destinations within the continental United States.

ROUTING: Seller reserves the right to use its own discretion in routing all shipments where freight charges are allowed. Shipments will be made in any manner requested by the customer when possible, provided the customer will assume any additional transportation costs.

EXPRESS, AIR EXPRESS AND AIR FREIGHT SHIPMENT: will be forwarded transportation charges collect. A surface freight rate allowance will be made on shipments amounting to $3500.00 and over, based on the lowest rate to the destination.

UPS shipments are prepaid and insured. All charges will be added to the face of the invoice.

PARTIAL SHIPMENTS: No freight allowance will be made on a shipment having a net value of less than $3500.00. NOTE: Anchor bolts not shipped with poles and back boxes are subject to freight charges (F.O.B. shipping point).

PASSAGE OF TITLE AND RISK: Loss and damages shall pass to the Buyer on delivery of goods by Seller to the carrier.

SHORTAGE, TRANSPORTATION CLAIMS: Buyer must give notice of any shortage in shipment within 5 days after delivery of goods. Claims for damage in shipment should be made to the carrier within legal limits prescribed by the carrier’s tariff.

RETURNS: Products of Seller are made to order, thus Seller is not obligated to accept returns and there is no standard “restocking” charge. Under no circumstances will returns be accepted without written factory authorization. Requests for returns must be made in writing within 60 days of shipment. Since each request will be considered individually, a customer agreement letter must be executed before an RGA will be issued. Custom-made goods are not returnable. This letter will establish the terms and conditions of return agreeable to both the Seller and Buyer.

CREDIT: Seller may at any time, limit or withdraw the credit of Buyer, and may require payment prior to delivery, without affecting the obligation of the Buyer to complete contract. Upon failure of Buyer to make prepayment as demanded.

LAW: This contract shall be construed in accordance with and governed by the laws of the State of California. Seller may cancel remainder of contract, sell all or any undelivered goods without notice at public or private sale, and hold Buyer responsible for any loss.

CANCELLATION: Orders are not subject to cancellation either in whole or part, except by consent of Seller. Cancellations are subject to a minimum service charge of 35%.

FORCE MAJEURE: Seller shall not be liable for any delay in delivery of any part or all of the goods, due to accidents, strikes, lock-outs, fires, riots, war, government regulations or any other cause beyond the control of Seller, or in the event of an embargo, lack of shipping facilities, strike by or lock-out of employees of shipping facilities, or other inability to transport the goods beyond control of Seller. If any part of the goods is not delivered by the Seller, or is not in accordance with the contract, the contract for the remainder of the goods and the Buyer’s obligations hereunder shall not be affected thereby. Where goods are damaged in transit, Buyer may accept delivery without claim, or at its option, reject the goods and reduce the covering contract to the extent of the rejection.

GUARANTEE: Goods are guaranteed against defects in material and workmanship for a period of one year from date of shipment.

The obligation of Seller under this guarantee is limited to the furnishing of new parts, free of charge, in exchange for parts which have been proven defective under normal usage after proper installation, and does not include any other cost, such as removal of defective part, installation, labor or consequential damages of any kind.

WARRANTIES: SELLER MAKES NO REPRESENTATIONS OR WARRANTIES EXPRESSED OR IMPLIED, EXCEPT AS HEREIN SPECIFICALLY SET FORTH, AND BUYER EXPRESSLY ACKNOWLEDGES THAT NO SUCH REPRESENTATIONS OR WARRANTIES HAVE BEEN MADE BY SELLER OR ON ITS BEHALF. ALL OTHER WARRANTIES, (WHETHER WRITTEN, ORAL OR IMPLIED) INCLUDING WARRANTY OF MERCHANTABILITY IN OTHER RESPECTS THAN SPECIFICALLY SET FORTH HEREIN, AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED.

BUYER’S DAMAGES: In no event shall Seller be liable for prospective profits, special, indirect or consequential damages; liability shall be strictly limited to the price of the goods.

WARRANTY ON POLES: Any poles ordered hereunder are warranted to be designed in accordance with generally accepted engineering practice.

The warranty of the design of these products is limited to their ability to withstand, without destruction, stress loads applied to the product at or before the time of proper installation, or to an identically designed product. These test loads are to be the calculated equivalents of the yield strength loads for which the products are designed and as are represented on Seller’s approved design drawings. Where specifications are set forth, minimum standards shall apply.

Calculated relationships between strength loads, and wind velocity, presented in Seller’s catalog are derived from generally accepted engineering authorities, and are presented for the convenience of the customer only. For exact pole loading and rating within specific luminaire projected area, consult factory.

MODIFICATION: No modification or variation of contract shall be binding unless in writing signed by both parties, and no waiver by Seller of any default shall be deemed a waiver of any subsequent default.


ALLSCAPE QUALITY ASSURANCE POLICY

ALLSCAPE’s first priority is customer satisfaction. We take every step possible to ensure that our products are well designed, of superior quality, and are received by you in good working order. It is our intention that any problems resulting from defective materials or workmanship be promptly addressed.


FIELD PROBLEMS AND BACKCHARGES
Detailed below are the general procedures and guidelines we ask you to follow in the event a field problem arises due to defective materials or workmanship. This policy statement is not intended to create a warranty, nor to become a part of, nor extend the existing ALLSCAPE limited customer warranty.

1. Acknowledgment of Problem
In order to serve you better, the ALLSCAPE quality assurance department should be promptly notified by you of all problems which you encounter with ALLSCAPE products. ALLSCAPE, once notified, will acknowledge your comments and complaints in writing.

2. Limits of Responsibility
The correction of any problem resulting from abuse, neglect or misuse of the product after it leaves the factory is not the responsibility of ALLSCAPE. ALLSCAPE also has the right to limit its financial responsibility for warrantee repairs to the furnishing of new parts free of charge, in exchange for parts which have been proven defective.

3. Authorization for Warrantee Repairs
All warrantee repairs made by you must be authorized by ALLSCAPE in writing prior to the performance of chargeable work. ALLSCAPE cannot be held responsible for excessive time lags between discovery and reporting of the problem.

IMPORTANT - PLEASE NOTE!

All shipments are made F.O.B. shipping point.
FREIGHT IS ALLOWED for orders in the amount of $3,500.00 or more.
Minimum order size is $100.00
See TERMS & CONDITIONS OF SALE for complete details.