Terms-and-Conditions

Terms & Conditions of Sale

Our Terms and Conditions apply to all purchases and sales of items offered here, and your purchase means you have accepted our Terms and Conditions of Sale in effect as of the date of purchase. We disclaim any other Terms and Conditions contained in any customer purchase order, order form or otherwise unless expressly agreed to by us in writing. Purchase orders must be strictly in conformity with these Terms and Conditions; inconsistent or conflicting terms in any purchase order or sale acknowledgment are rejected and shall be controlled by these Terms and Conditions unless agreed to by the customer and USDC in a separate mutual writing. Additional terms are not binding unless agreed to by an officer of USDC in a separate writing. We reserve the right to decline fulfilling orders at our discretion.

Our catalogs of products, parts, and product ordering hierarchy (the “USDC Catalogs”) constitute original works and selections and arrangements of data compiled by USDC, and are protected works and compilations under the U.S. Copyright Act. All rights in USDC Catalogs are reserved by USDC. You shall use USDC Catalogs solely to purchase products.

Customers transacting e-Commerce business with USDC on our JJWickerUSA.com website are subject to the website Terms of Use, and other limitations appearing on the website.


Our Hassle Free Guarantee

The suppliers and manufacturers we represent are among the best in the business. All products are first quality. If you receive a product that does not meet specifications as advertised, please call us. We will quickly provide an exchange or refund (subject to Q.A. inspection). However, all cut-to-length products or special order products are excluded.

Returns must be processed within 30 days of shipment in its original packaging.

Thank you for choosing USDC as your supplier.

 

Pricing & Charges

Product: Prices and charges in our catalog or website are effective upon publication and are subject to change without notice. All prices are quoted in U.S. dollars. We reserve the right to pass on any surcharges or impose purchase restrictions or limits at any time. Prices and availability may vary.

Charges: All orders are subject to applicable shipping, freight, taxes and processing charges. Shipping charges for ground service on all stocking orders are determined by using a flat rate table that is based on the combined dimensional-weight of all items on the order. There are no additional charges for split shipments on USDC stocking orders. This simplified table approach gives USDC the ability to quote freight at the time of the order. Flat table charges are intended to approximate USDC’s average cost to process and ship a package of similar weight characteristics. Shipping charges for non-stocking orders and premium shipping services will be subject to the carrier’s published rates plus an additional handling charge. In some cases, shipping charges may be less than or greater than USDC’s actual cost to process and ship.

 

Carrier Surcharges: Carriers may impose surcharges, which vary by carrier and may change at the carrier’s discretion. USDC will pass on the surcharge.

 

Terms/Billing Options

Net 15 days on approved open accounts from date of invoice. In addition to open accounts, we also accept cash, C.O.D. and most major credit cards. USDC has multiple payment/billing options. If an open account customer fails to make full payment within thirty (15) days from date of invoice, USDC may defer any further shipments or other orders, or cancel any portion of an unshipped order. USDC further reserves the right to charge interest on overdue invoices at the rate of 18% per annum (1.5% monthly) or at the highest rate available under applicable law. It is understood and agreed that customer will pay, to the extent permitted under law, all reasonable costs and expenses, including attorney’s fees, collection agency fees and court costs incurred by USDC in connection with any collection action for payment of the amounts due herein.

USDC makes available certain payment processes through which you can provide payment information to us when you pay for your order (our “Authorized Payment Processes”). Examples of our Authorized Payment Processes include providing payment information by telephone or through our website checkout page. USDC has implemented physical, technological and administrative safeguards intended to protect the information that you provide using one of our Authorized Payment Processes. These safeguards include, for example, encryption of Internet communications.

 

Delivery

Deliveries are made Monday through Friday, daytime working hours only. Orders are shipped via FEDEX, UPS or LTL carrier. 

 

Orders placed on Fridays (after our local cut-off time), weekends or holidays will be shipped on the next regular business day.

 

Damaged or Lost Shipments

UPS, Fed-Ex Ground, other package carriers & Prepaid Truck Shipments (USDC carrier): Check your order immediately upon arrival. All damages must be noted on delivery receipt. All shortages and damages must be called into USDC at 1-909 923-8858 or e-mailed to custservice@USDC-usa.com within 7 calendar days or receipt of merchandise.

 

Truck Shipment (when you select the carrier): Check your order immediately upon arrival. All damages must be noted on delivery receipt. All damages and shortages must be called in to the trucker you chose within 7 days. All damaged containers and merchandise must be kept for your trucker to inspect. At that time, you will file a claim with your trucker. 

Limited Liability: IN NO EVENT SHALL USDC BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF THE PURCHASE, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED OPPORTUNITY OR PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USDC shall not be responsible for computer or electronic interruptions, mechanical or electrical breakdowns, strikes, labor slowdowns, war, terrorism, riots, severe weather conditions, natural disasters, acts of God or any other forces beyond the reasonable control of USDC, LTL shipments and other non-scheduled carriers, back ordered items, replacement orders, new accounts (first order), orders requiring credit review, and supplier manufacturing deficiencies.

 

Responsibility

The value of the defective product or material is our only liability. All specifications and technical data have been supplied by the manufacturer and are listed only as a convenience. We do not warrant or represent that the merchandise complies with the provisions of any law.

Catalog Errors

Although all information in USDC Catalogs has been carefully checked for accuracy, errors and omissions occasionally occur and therefore are subject to correction. We regret any inconvenience.

 

Compliance with Laws

Some products may be obtained from multiple supply sources located internationally and shipped directly to the customer without sending the item through USDC. Many states and localities have codes and regulations governing sale, offering for sale, distribution, construction, installation and use of products for certain purposes and/or containing certain regulated substances, which may vary from those in neighboring areas. USDC relies upon information provided by the supplier of these products to ensure they are compliant with the laws of the jurisdiction into which the product is shipped. The information provided by the supplier as to the ability of the product to be sold or distributed in any particular jurisdiction is believed by USDC to be accurate. USDC, however, shall not be responsible for how products are used or installed or for the product’s conformance to regional, state, or local codes or regulations. USDC does not guarantee compliance with any law and assumes no responsibility for how the items are used or installed. Customer has the sole responsibility for compliance with all applicable codes, regulations and laws and before purchase and use of the product must review and ensure full compliance with such codes, regulations and laws concerning the use or installation of the products.

 

Returns
Except as otherwise provided, no material will be accepted for return after 30 days from date of shipment. To return merchandise, you must call USDC at 909-293-8858 for a Return Authorization number. No returns will be accepted without a Return Authorization number. Include with your return a copy of your invoice or packing slip. All merchandise must be returned in its original packaging and condition. Any claims for discrepancies in shipment must be made within 7 days of receipt of merchandise. C.O.D. returns will not be accepted. Shipping charges for returned items must be prepaid. No return of altered or etched items. A re-stocking charge may be applied. 

 

Cut-to-Length Products

Because of the special nature of the products, we will be glad to cut products to length per your specifications. We reserve the right to charge a service fee for difficult or multiple cuts per item. Cut-to-length products, however, are considered final sale, and may not be returned for credit.

 

Independent Contractors


USDC and Customer are independent contractors and not principal and agent. Nothing contained in these terms and conditions shall be construed to create a partnership, dealership, re-seller, agency, employment or joint venture relationship. Customer will not have the right to bind or otherwise obligate USDC in any manner, nor will Customer represent to anyone that it has the right to do so.

 

Assignment
Customer shall not assign any order, or any interest therein, without the prior written consent of USDC. Any actual or attempted assignment without USDC’s prior written consent shall entitle USDC to cancel such order upon notice to Customer.

 

Intellectual Property

Customer shall have no right to copy or use any of the intellectual property of USDC or its suppliers without USDC’s permission. All materials contained in USDC Catalogs and USDC’s website are subject to the ownership rights of USDC and its suppliers.

 

Controlling Law & Venue

The provisions of the Uniform Commercial Code, as adopted in California, shall apply (except as expressly modified hereby) with no application of the United Nations Convention on Contracts for the International Sale of Goods. All transactions shall be governed by the laws of the State of California, without regard to any conflict of law principles that would require the application of the laws of any other jurisdiction, and venue shall be in San Bernardino County, State of California.

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