?!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN" "http://www.w3.org/TR/html4/loose.dtd"> SAN DIEGO PLASTICS, INC. - TERMS OF SALE

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                                        San Diego Plastics
                                        2220 McKinley Avenue
                                        National City  CA  91950
                                        800/925-4855   619/477-4855   FAX 619/477-4874
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                                        TERMS OF SALE

                                        Important Notice
                                        The information and statements given by San Diego Plastics, Inc. are believed to be reliable but are not to be construed as a warranty of representation for which we assume legal responsibility. Users should undertake sufficient verification and testing to determine the suitability for their own particular purpose of any information or products referred to on any pages of the San Diego Plastics, Inc. web site or catalogs. Nothing on our web site or in any catalogs is to be taken as permission, inducement or recommendation to practice any patented invention without a license.

                                        Terms and Conditions
                                        Acceptance of any order or contract by San Diego Plastics, Inc. acknowledgment or commencement of performance is expressly conditional on purchaser's assent to the terms and conditions below even though no reference may be made thereto at time of acceptance. San Diego Plastics, Inc. expressly objects to any additional or different terms than those set forth herein. Unless otherwise modified in writing, the terms and conditions below apply and supersede all prior or contemporaneous representations, discussions, correspondence or agreements between the parties.

                                        Prices, Minimums, & Payments
                                        San Diego Plastics, Inc., accepts the following forms of payment with noted minimums.
                                        Open account invoice terms are available only to customers in the San Diego County area.
                                        Credit cards, money orders, or checks with order $75.00. Wire transfers $100.00. In addition to the minimum invoice amount, some items have individual dollar minimums. Standard as well as nonstandard sizes are often subject to these minimums. Set-up charges, clean-up charges, and/or packaging charges may also be charged on items. Prices charged will be those in effect at time of shipment. Prices are subject to change without notice. The minimum order may be higher on special items.
                                        * Note: Freight charges are not considered as part of the minimum. Shipping and handling charges are extra and not included in determining a minimum order.

                                        International Wire Transfers
                                        Some International banks charge a service fee to us which is deducted from the amount of the wire transfer. If the amount of your wire transfer is less than the amount we have requested, you will be asked to make up the difference.

                                        Freight
                                        Unless otherwise agreed in writing, all shipment are F.O.B. Shipping Point. San Diego Plastics, Inc. will determine the point of origin of shipment, the method of transportation, and the routing of shipment. All freight charges are the sole responsibility of the purchaser. Purchasers requesting shipment by a method other than that of San Diego Plastics, Inc. selection will be billed for any additional charges incurred. San Diego Plastics, Inc., when possible, will attempt to make shipments by the routing requested by the purchaser, but makes no guarantee. When shipping on your own account you assume all responsibility for the shipment including but not limiting to bearing the cost of freight/shipping charges, owning goods in transit and filing of any damage or loss claims (if any).

                                        Loss, Damage or Delay
                                        Shipping dates are approximate and are based on prompt receipt of all necessary information and approvals from the purchaser. San Diego Plastics, Inc. shall not be liable for failure to perform or for delay in performance due to fire, flood, strike, or other labor difficulty, acts of God, act of any governmental authority or of the purchaser, riot, embargo, car shortage, wrecks or delay in transportation, inability to obtain necessary labor, materials or manufacturing facilities from usual sources or due to any other cause beyond its reasonable control. In the event of delay in performance due to any such cause, the date of delivery or time of completion will be postponed by such length of time as may be reasonably necessary to compensate for the delay.

                                        Change In Payment
                                        If, in the judgment of San Diego Plastics, Inc., the financial condition of the purchaser at any time during the manufacturing period or at the time the product is ready for shipment, does not justify the terms of payment specified (other than payment in advance), San Diego Plastics, Inc. may require full or partial payment in advance.
                                        If shipments are delayed by the purchaser, payments shall become due from date when San Diego Plastics, Inc. is prepared to make shipment. If manufacture is delayed by the purchaser, payment shall be made based on the contract price and percent of completion and purchaser shall reimburse San Diego Plastics, Inc. for any additional costs resulting from such delay. Products held for the purchaser shall be at the risk and expense of the purchaser.

                                        Taxes
                                        The prices do not include any Federal, state or local property, license, privilege, sale, use, excise, gross receipts or other like taxes which may now or hereafter by applicable to, measured by or imposed upon or with respect to the transaction, the property, its sale, its value or its use, or any services performed in connection therewith. Purchaser agrees to pay or reimburse any such taxes San Diego Plastics, Inc. is required to pay.

                                        Returns
                                        All standard stock items are returnable for refund within 30 days of purchase, unless otherwise noted. No returns will be accepted by San Diego Plastics, Inc. without proper authorization. Authorization and shipping instructions for the return of any product must by obtained in writing from San Diego Plastics, Inc. All returns are subject to a 20% minimum restocking charge or $50.00, whichever is greater. Some items may be subject to a larger restock fee.  Product must be returned with complete identification in accordance with San Diego Plastics, Inc. instructions or it will not be accepted. Products must be in marketable condition upon receipt by San Diego Plastics, Inc. Purchaser will be charged for any outgoing and incoming transportation paid by San Diego Plastics, Inc. Custom made-to-order items and non-standard items are non-returnable. Cut-to-size pieces are non-returnable.  In no event will San Diego Plastics, Inc. be responsible for product returned without proper authorization. 

                                        Claims
                                        Purchasers are responsible for inspecting all goods upon arrival and notifying SAN DIEGO PLASTICS immediately of any discrepancies with their order. Failure to give notice of discrepancies in writing within 3 business days from date of delivery shall constitute a waiver by buyer of all claims in respect to such goods. 

                                        Warranties
                                        San Diego Plastics, Inc. hereby expressly disclaims all warranties either expressed or implied including any implied warranty of merchantability or fitness for a particular purpose. This disclaimer by the seller in no way affects the terms of the manufacturer's warranty, if any. Title to goods herein being purchased is retained by seller until goods are paid for by the purchaser and at the time title passes to purchaser. If goods herein being purchased are being purchased for the purposes of export, purchaser must obtain from the Federal Government certain export documentation before shipping to a foreign country. In addition, manufacturer's warranties for exported goods may vary or even be null and void. If you have any questions please contact one of our representatives.

                                        LIABILITY
                                        In no event shall San Diego Plastics, Inc. be liable for any loss of use, revenue or profit, direct or indirect damages arising from or connected with the resulting sale or installation of merchandise. Our liabilities are limited to the cost of the defective material or part only.


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