Terms and Conditions of Sale
Any offer made by Cave Adventurers (Seller) to sell goods is subject to these terms and conditions unless expressly agreed to by the Seller in writing.
B. Prices, Taxes, Minimum Order
Dealers are to file an appropriate tax Resale Certificate with the company within 10 days of placing an order. Unless a product is offered with free shipping, prices do not reflect or include shipping and handling charges, which are paid in addition to the product. Price quotes are subject to change without notice. Typographical errors that may appear in this document are subject to correction and change without notice. After acceptance, price terms are subject to increase to cover cost increases, including increases in any applicable duties or tariffs. Wholesale prices are based upon variable quantity dealer orders. Discounts from MSRP are based upon quantity ordered per shipment.
C. Payment Terms
1. All terms are COD, Cash, Check, Prepayment, Wire Transfer or credit card. Cave Adventurers accepts Master Card, VISA, Discover and American Express credit cards. All orders to be paid in US Dollars. All returned checks are subject to $50 handling fee. Non-US bank checks subject to collection fee. All orders held until check has been cleared through the US bank.
Any shipment charges are at customer's expense unless free shipping is specified. Primary shipment methods are by UPSor United Parcel Service. All COD charges are at customer's expense. Delivery to carrier constitutes delivery to purchaser. Shipments are to be inspected upon receipt. All claims for goods damaged during shipping are between customer and carrier only. Each shipment should be counted and inspected upon receipt; shortages are to be reported in writing to Cave Adventurers within five (5) days of receipt. On international orders we will not ship with an invoice that has a lower value than the purchase price.
E. General Policies
1. Dealers must have a signed dealership agreement on file.
2. Back-orders over 60 days will be cancelled, unless special order item.
3. Dealer price levels reflect ordered quantities only.
4. Prices listed are subject to change without notice.
5. Special orders, including orders for specific products not in our general stocking require full prepayment and are non-cancelable, non-refundable.
6. Cave Adventurers reserves the right to cancel a dealership after six (6) months of inactivity, deep discounting or improper representation of products.
F. Changes, Cancellations and Returns.
1. Orders placed and accepted by Seller are not subject to change or cancellation by the purchaser unless Seller consents in writing. Restocking after packing but before shipping subject to a 5% restocking fee.
2. Returns. Any item with the exception of custom orders, wholesale cylinders, or special order items may be returned within 30 days with an unconditional money-back guarantee. Items must be in original packaging, unused, and undamaged.
3. Any deposits for special order or custom color products are non-refundable. If order is canceled, deposit is forfeited.
4. Products may not be returned without a Return Merchandise Authorization (RMA) number. Please contact us in writing to obtain a RMA, include your reason for returning the product. Shipments without RMA # will not be accepted.
5. Export orders may not be canceled once order is accepted by Cave Adventurers. Additions to export orders will be completed on a separate order and billed separately.
G. Force Majeure
Cave Adventurers shall have no liability to the purchaser for any delay or failure in carrying out its obligations to the purchaser for reasons beyond the Seller's control, including, without limitation, acts of God, war, natural disaster, labor disputes, customs delays, changes in compliance with laws, regulations or governmental policies and shortages of supplies or services. Seller may extend delivery until such delay has been removed or, at its option, cancel the undelivered portion of any order affected by such delays, without liability to the purchaser except for the return of any payment made by the purchaser to the Seller with respect to any undelivered portion of the order that has been cancelled. All refunds are made by company check, and purchaser agrees that all disputes are handled directly with the company, and will not reverse or dispute charges with credit card issuers for refunds.
H. Warranty and Limitation of Liability
1. Seller warrants to the purchaser that goods sold by the Seller to the purchaser will be free from manufacturing defects in materials and workmanship when goods are properly applied for proper use.
2. Except as expressly set forth in Section 1, or in writing delivered by company to the purchaser, company makes no warranties to the purchaser, written or oral, express, implied, or statutory, in any manner or form whatsoever, including but not limited to any warranties of merchantability for any particular use or purpose, which are hereby expressly disclaimed.
3. Products supplied with a Warranty Registration Card must be returned by the end user to validate Warranty Terms and Conditions of the warranty period. Warranty does not apply to goods that have been subject to abuse, misuse, neglect, improper installation, improper use or alterations after delivery to the carrier for shipment to the Purchaser. Seller makes no warranty as to the useful life of the goods. At Seller's request, the purchaser shall return goods to the Seller at its offices for verification that the warranty set forth in this agreement as limited by this document is applicable.
4. The Seller, at its sole discretion, will repair or replace items that are covered under the warranty. No refunds are ever issued for items returned under the warranty provisions. Seller shall have no liability with respect to warranty claims made by the purc haser one year after the Seller's sale of the goods involved to the purchaser. In no event shall the Seller be liable to the purch aser for any special, incidental or consequential damages.
1. The purchaser's rights, duties and clams under these terms and conditions may not be assigned, transferred or delegated without prior written permission of the Seller in each instance.
2. These terms and conditions and any contract of sales between the Seller and the Purchaser shall be governed by the laws of the State of Florida.
3. If any provisions contained in these terms and conditions or any contract of sale between the Seller and the Purchaser or any portion of any such position is held to be unenforceable or invalid, the remaining provisions and portions shall be carried into eff etc.
4. Headings contained in this document are for convenience only, and do not in any way interpret, limit or amplify the scope, intent, extent or any of the provisions contained herein.
Any questions concerning our policies should be made in writing, and will be responded to. These terms and conditions are subject to change without notice. Please review these terms from time to time.