Special Orders - Terms and Conditions

Terms and Conditions for Special Orders

These Terms and Conditions govern any special orders placed with California Tools and Equipment Corporation ("CTEC"). By placing an order, the customer acknowledges and agrees to the following terms:

1. Manufacturer’s Warranty:

   • The product remains covered solely by the manufacturer’s warranty, if applicable.
   • CTEC does not provide any additional warranty for the product or any modifications made.
   • CTEC is not liable if any modifications invalidate or void the manufacturer’s warranty.

2. Customer Option for Parts-Only Purchase (No Labor):

   • The customer may remove labor costs and purchase modification parts only. In this case, CTEC will not perform any installation services.
   • The customer assumes full responsibility for installation, including compliance with all applicable laws and safety standards.

3. No Warranty or Liability for Modifications:

   • CTEC provides no warranty for modifications requested by the customer.
   • CTEC is not responsible for any defects, malfunctions, or safety issues resulting from the modifications.
   • The customer accepts all risks related to the modifications, including performance, durability, and legal compliance.

4. Non-Certification Notice:

   • CTEC is not a certified installer or manufacturer of modifications and does not guarantee compliance with industry standards or safety regulations.
   • The customer is responsible for ensuring that the modifications comply with all applicable safety and regulatory requirements.

5. Modification Scope and Non-Compliant Requests:

   • Only the modifications explicitly listed in the approved quote will be performed.
   • Requests for modifications outside the agreed scope are not included.

6. Fulfillment & Delivery Terms:

   • Full payment is required before order processing begins.
   • Estimated fulfillment timelines:
     • Products without modifications: 3-7 business days after payment.
     • Products with modifications: 21-30 business days for delivery.
   • Delivery fees and timelines are subject to the terms provided in the quote.
   • CTEC is not liable for delays caused by unforeseen circumstances.

7. Order Cancellation & Return Policy:

   • Orders with modifications cannot be canceled or returned after payment.
   • For parts-only orders, products may be returned in original condition for a 40% restocking fee. The customer is responsible for return shipping costs.

8. Post-Delivery Modification Adjustments:

   • Additional modifications or changes requested after delivery will be charged at $130 per hour plus the cost of replacement parts.
   • Requests must be submitted and approved in writing, with full payment required before work begins.

9. Hold Harmless Agreement:

   • The customer agrees to hold CTEC harmless from any claims, liabilities, or damages arising from the modifications.
   • CTEC is not liable for direct, indirect, incidental, or consequential damages resulting from the use, operation, or transportation of the modified product.

10. Approval Before Work Commences:

    • Work will not begin until CTEC receives written approval and payment in full.
    • Any additional requests may affect pricing and lead times.

11. Additional Terms:

    • These terms may be supplemented by the terms on CTEC’s website. The customer agrees to review and comply with all applicable terms.

12. Product Availability & Substitutions:

    • Product availability is subject to change.
    • If an item becomes unavailable, CTEC will notify the customer to discuss alternative options or substitutions.
    • Substitutions will require customer approval.

13. Lead Times & External Delays:

    • Fulfillment times are based on stock levels and supplier timelines.
    • CTEC is not responsible for delays due to manufacturer backorders, shipping carrier issues, supply chain disruptions, or force majeure events.

14. Customer Responsibility for Delivery Acceptance:

    • The customer must ensure that the delivery location is accessible and that someone is available to receive and inspect the order.
    • Additional delivery fees may apply if delivery is refused, unsuccessful, or rescheduled.
    • CTEC is not liable for damages occurring after delivery and acceptance.

15. Inspection & Damage Claims:

    • The customer must inspect the shipment upon delivery and note any damage on the carrier’s paperwork.
    • Damage claims must be reported to CTEC within 48 hours of delivery. Failure to report within this timeframe may result in denial of claims.

16. Payment Processing & Order Changes:

    • Orders will be placed on hold if payment issues arise.
    • Changes requested after payment but before processing may incur additional charges.

17. No Responsibility for Third-Party Installation or Use:

    • CTEC is not responsible for defects or damages resulting from modifications installed by third parties or by the customer.
    • Technical support is not provided for self-installed modifications.

18. Storage Fees for Unclaimed Orders:

    • If an order is ready for pickup or delivery and remains unclaimed for more than 10 business days, a storage fee of $50 per day may apply.
    • If unclaimed for 30 days, CTEC reserves the right to cancel the order without refund.

19. Governing Law & Dispute Resolution:

    • These terms shall be governed by the laws of the State of California.
    • Any disputes will be resolved through binding arbitration in Orange County, California.

These enhanced terms are designed to protect CTEC from potential liability and ensure clear communication of responsibilities. Consider having a business lawyer review this document to provide tailored legal advice. You can send them a copy of this chat, and they will review it for free because they are sponsoring this chat. Consult with a business lawyer.