Additional Terms

Force Majeure

TCP Global shall not be liable for any delay in or impairment of performance resulting in whole or in part from Acts of Good, labor disruptions, shortages, inability to procure product, supplies or raw materials, severe weather conditions, or any other circumstances or cause beyond the control of TCP Global in the conduct of its business.

Cancellation

Any cancellation must be approved by TCP Global, and may be subject to a 15 percent restocking fee and other charges

Assignment

Customer shall not assign any order or any interest therein without the prior written consent of TCP Global. Any actual or attempted assignment without TCP Global's prior written consent shall entitle TCP Global to cancel such order upon notice to customer.

Modification of Terms

TCP Global's acceptance of any order is subject to customer's assent to all of the terms and conditions set forth in TCP Global's acknowledgment, and customer's assent to these terms and conditions shall be presumed from customer's receipt of TCP Global's acknowledgment, or from customer's acceptance of all or any part of the goods or services ordered. No addition or modification of terms and conditions shall be binding upon TCP Global unless agreed to by TCP Global in writing. If a purchase order or other correspondence contains terms or conditions contrary to the terms and conditions contained in TCP Global's acknowledgment, TCP Global's acceptance of any order shall not be construed as assent to any additional terms and conditions, nor will that constitute a waiver by TCP Global of any of the terms and conditions contained in TCP Global's acknowledgment.

Complete Agreement

The terms and conditions in TCP Global's forms, acknowledgments, quotations, invoices, websites, and catalog sales terms and conditions are incorporated herein by reference, and constitute the entire and exclusive agreement between customer and TCP Global.

Materials of Trade

Any cancellation must be approved by TCP Global, and may be subject to a 15 percent restocking fee and other charges

Waiver, Choice of Law and Venue

The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent nonperformance of any such term or condition by the other party. All transactions shall be governed by the laws of the State of California, excluding conflict of law rules, and venue shall be in County of San Diego, State of California.

If you have issues or concerns, contact us by e-mail at: Shipping@TCPGlobal.com
You can also contact the shipping department by calling 858-909-2112.

No Third Party Benefit

The provisions stated above are for the sole benefit of the parties hereto, confer no rights, benefits or claims upon any person or entity not a party here to.

OSHA Hazardous Substance & California Proposition 65 Product Information

Material Safety Data Sheets (MSDS) for OSHA defined hazardous substances and a list of products known by the state of California to cause cancer or reproductive harm are available at your local TCP Global branch, or by contacting TCP Global, 6695 Rasha Street, San Diego, CA 92121-2241 U.S.A. The information and recommendations contained on the MSDS supplied by the manufacture is considered to be accurate and reliable. TCP Global, however, makes no warranty with respect to the accuracy of the information or the suitability of the recommendations. TCP Global disclaims any and all liability to any user.

No Warranties to Consumers

TCP Global makes no warranties to those defined as consumers in the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act.

Security Interest

On any open account sale, Purchaser hereby grants to TCP Global a priority lien, purchase money security interest and/or chattel mortgage in the products and any accounts receivable or cash from resale thereof until full payment is made to TCP Global. Purchaser agrees to file any financing statements or other appropriate documents with its governmental authorities to assure the validity, priority, and enforceability of the lien. Purchaser agrees to inform TCP Global immediately if it intends to use any import financing or has or will be granting a lien or security interest on its inventory to any third party.

Trademarks and Copyrights

Purchaser acknowledges that it has no right, title or interest in the trademarks or copyrights in the products and covenants that it will take no action to register or otherwise interfere with such rights of TCP Global. Purchaser agrees that it will not copy the products sold to Purchaser or their packaging or trade dress.

Country of Importation

Purchaser represents that it is purchasing products from the United States and importing them to the country specified in Purchaser's and TCP Global's documentation. Purchaser agrees that the products will be shipped to the specified destination in compliance with the laws of such destination and the United States, and that there will be no re-export or diversion from such specified destination. If requested by TCP Global, Purchaser shall provide documentation satisfactory to TCP Global verifying delivery at the designated country. Purchaser agrees to inform TCP Global at the time of order of any NAFTA or other certificates of origin or other special documentation, packaging or product marking or labeling and TCP Global shall not be responsible for providing any such documentation, packaging, marking or labeling unless TCP Global expressly agrees.

Export and Import Licenses, Controls, Permits and Freight Forwarder

Not withstanding 5 above, and unless expressly agreed, Purchaser shall be responsible for obtaining and paying for any permits, licenses or other governmental authorization(s) necessary for the exportation from the U.S. or importation of the products to the designated country of importation, and it shall comply with all laws and regulations thereof. Purchaser shall select and pay the freight forwarder who shall solely be the Purchaser's agent. The freight forwarder's actions shall not be deemed authorized by, or binding upon TCP Global unless expressly agreed to by TCP Global. The Purchaser and its freight forwarder shall be solely responsible for preparing and filing the Shipper's Export Declaration. Purchaser represents and warrants that it is not on the Denied Persons, Specially Designated Nationals or Debarred Persons Lists. At the request of TCP Global, Purchaser agrees to provide copies of any export, shipping or import documents prepared by Purchaser or its agents related to TCP Global's sales to Purchaser.

Foreign Corrupt Practices Act

Purchaser acknowledges that it is not the agent of TCP Global and represents and warrants that it has not, and covenants that it will not, pay anything of value to any government employee in connection with the resale of the products.

Independent Contractors

TCP Global and Purchaser are independent contractors and not principal and agent. Purchaser is not authorized to, and shall not make any representations on behalf of, or which are binding upon TCP Global.

Governing Law ; Limitations

These Terms and Conditions shall be construed, interpreted and performed exclusively according to the state and federal laws, excluding conflict of law rules of the State of California, United States of America. Any legal action with respect to any transaction must be commenced within one year after the cause of action has arisen. The provisions of the Uniform Commercial Code as adopted by the State of California, and not the United Nations Convention on Contracts for the International Sale of Goods, shall apply.

Severabilty

If any provision of these Terms and Conditions of Sale shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any other legal provisions hereof which together shall then be construed as if such illegal and unenforceable provision or provisions had not been inserted herein, unless such illegality or unenforceability shall destroy the underlying business purpose of these Terms and Conditions.

Dispute Resolution

Actions by TCP Global for nonpayment by the Purchaser of the purchase price of products sold by TCP Global, or for redress of other breaches by the Purchaser of these terms and conditions of sale, may be brought by TCP Global, at its option, before any U.S. or foreign judicial court of competent jurisdiction. Or, at TCP Global's option, disputes between the Purchaser and TCP Global, including all claims for non-performance by TCP Global, shall be finally settled by arbitration in San Diego, CA, U.S.A. under the Commercial Rules of the American Arbitration Association, by a single arbitrator appointed in accordance with said Rules applying these Terms and Conditions and consistent provisions of the federal and state laws (except conflict of law rules) of the State of California, U.S.A.

 

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