PLEASE READ THIS DOCUMENT CAREFULLY.
We will convert your quotation to an Order Confirmation which will be faxed and mailed to you. The Order Confirmation outlines in detail the specifications of your order. Make sure you verify all information on the Order Confirmation, including all the product details and shipping address. Be sure to let us know at this time if there is any special shipping or access issues to the delivery location. Please take this opportunity to make any necessary changes to the specifications of your order prior to processing.
The Order Confirmation should be signed and returned to us with payment as soon as possible in order to lock in your pricing and delivery lead time. We have not accepted your order and production and your lead time will not begin until we receive your signature on our Order Confirmation with any required payment. We reserve the right to hold production until we receive the signed Order Confirmation and full payment. We do not accept any terms or conditions on invoices or purchase orders other than our Order Confirmation form.
Your order is subject to the following terms and conditions as well as the additional terms on the Order Confirmation. If you do not accept these terms and conditions, do not sign the Order Confirmation, and advise us immediately that you are withdrawing the order. If you submit a signed Order Confirmation, or otherwise confirm your order to us, or if you allow us to proceed with production, you are deemed to have accepted these terms and conditions. In these terms and conditions, “we” or “us” refers to Melton Classics, Inc., and “you” refers to you the purchaser/customer. Additional terms and conditions stated in our current catalog also may apply to your order.
Our standard terms of sale are 50% Deposit at Order, Balance Due Prior to Shipment. We require the 50% deposit because your columns, balustrades, or other millwork products are manufactured custom for your order and cannot be restocked, and the balance is collected prior to shipment for the same reasons. We request payment prior to shipment to avoid the onerous fees charged by all shippers for taking on the responsibility for picking up a COD check. Even so, some customers request COD delivery for the final payment which may be approved on a limited basis on larger orders if it was approved and included as part of your original Order Confirmation contract. Addition of COD terms to a signed order is not allowed without adding change order and COD fees to your order amount. Freight carriers charge from 5% to 10% of the outstanding balance as their COD charge depending on the carrier and the location of the delivery. Most customers pay prior to shipment to avoid these high costs for COD shipments. All shipping fees are included in your purchase price for standard common carrier delivery to your project site. Special delivery situations, limited access locations, or unusual handling will result in additional charges.
On orders less than $5,000, we require full payment in good funds at the time of the order unless we have agreed otherwise in writing. On invoices or orders not paid when due, you agree to pay a late payment charge of 1.5% per month or the maximum amount permitted by law (whichever is less). Melton Classics does not collect sales and use taxes or tariffs outside the state of Georgia. You are responsible for paying all sales and use taxes and tariffs relating to your purchase.
Charges paid at the time of delivery must be paid with a certified check. Company check will not be accepted as payment. You will be notified of shipment from the plant and will be called by the carrier prior to shipment, therefore, if certified funds are not available at time of delivery, the order will be returned to the plant and you will incur significant additional freight and handling fees. The customer agrees to pay all freight and handling costs associated with the return of the goods to the plant and redelivery fees if certified funds are not available at time of delivery for a COD shipment.
We reserve the right to ship your order C.O.D. or similar method if we have not received full payment within a reasonable time after our notification that your order is ready to ship. You will lose any freight discounts if your order is sent C.O.D. We require a certified check at the time of delivery for the entire balance due. The freight line will charge an additional fee on C.O.D. shipments, and you agree to pay this fee directly to the freight line. Orders shipped in this manner due to delays by the customer will not be returned to the plant if not off loaded and paid with certified funds at delivery.
Shipping and delivery charges for standard delivery are included in your sales price. It is the customer’s responsibility to notify Melton Classics at time of order of any special delivery, limited access, or handling necessary for their order so that they may be included in the sales price. The customer will be responsible for all special charges and handling necessary to deliver their order. Any additional delivery and handling or storage fees will be paid by the customer directly to the carrier by certified funds at time of delivery.
In accordance with Article 9 of the Uniform Commercial Code, in the event your check is returned to us unpaid, you agree to pay us a $25 service fee (but no greater than the maximum fee allowed by law) plus our related bank fees and costs of collection (including, but not limited to, our reasonable attorneys’ fees), in addition to any late payment fees until the amount is paid in full in certified funds. We may stop production until we receive certified funds, but you will remain responsible for the full amount of the order. After you return a signed Order Confirmation, you remain responsible for full payment of (and agree to pay) the amount stated in the Order Confirmation, in good funds, until we agree (or the legal authorities determine) otherwise. In the event you receive goods before you have made full payment or while you are insolvent, we retain a purchase money security interest in the goods, and your Order Confirmation serves as our demand for reclamation of the goods, until we receive full payment in good, final, and irrevocable funds.
You must make any changes to your order prior to release to manufacture. There will be a $50 fee for orders changed more than twice after the Order Confirmation is signed to cover administrative costs. After you release your order to production, and we have started production or ordered materials for your order, your order cannot be canceled or changed.
If for some reason we must cancel or change your order, we will notify you; we do not charge you a fee if we initiate the cancellation of your order. We reserve the right to cancel orders at any time without liability to you other than refund of prepaid amounts.
We are constantly improving our products and building new molds for current products. Therefore, we reserve the right to make changes in our standard products, and in our catalogs, websites, and sales materials from time to time at our discretion, with or without notice, including (but not limited to) dimensions, product offerings and prices. Dimensions in our catalogs are estimates only and are not guaranteed or firm. We agree to abide by any dimension stated in your Order Confirmation or shop drawings within standard dimensional tolerances.
Do not return the product unless we pre-approve the return, unless you are refusing a damaged shipment. We charge a return fee and a 35% restocking fee on the return of stock inventory items for any reason other than for damage. Products must be returned in the original packaging and in good condition. You are responsible for all return freight charges, which you must prepay. We do not accept returns of non-inventory, custom or altered products.
Any shipment or delivery times provided by us are estimates only. We do not guarantee shipment or delivery by a certain date. All orders are F.O.B. our production facility. Damage incurred during shipment should be submitted to the freight line, and we are not responsible for damage incurred during shipment or delivery. You are responsible for confirming insurance with the freight line against damage incurred during shipment or delivery. Unless you instruct us to use a specific freight line at the time you place your order, we will utilize a freight line acceptable to us. You may contact us for the name of the freight line that will be utilized to ship your product.
We warrant that our products, as listed below, will be free from manufacturing defects in materials and workmanship, for the period listed on our website at www.columns.us.com, when they are properly stored, installed, and finished. The warranty extends only to the original installation and terminates upon the first sale or exchange of the property after the original installation.
If a product fails under a warranted condition, we will repair or replace the product, at our option, at no cost to you. If we choose to replace the product, we will replace the product with the same product or another compatible product of equal or higher value. We will pay reasonable shipping costs to and from the installation site for warranty repair or replacement. Repaired or replaced products are warranted only for the remainder of the applicable warranty period. Please see “Limitations on Liability and Warranty Exclusions” and “Disputes,” below, for additional important information.
To file a claim, contact us at our address indicated on your invoice. Claims must be filed by completely filling out a Melton Classics product warranty claim form and supplying all required pictures of the affected goods within the warranty coverage period. Information verifying the date of original installation is required. Except for implied warranties arising under state law, or as otherwise limited by law, the time within which an action must be commenced to enforce any of our obligations arising under this warranty or under any statute or law of the United States or any state thereof, is limited to ninety (90) days from the date you discover or should have discovered the defect.
If a product line is not listed in the warranty section at www.meltonclassics.com, then it is sold “AS IS” with no express warranties, and any implied warranties are limited to the shortest period allowed by state law.
With the exception of any warranties implied by state law as limited in this document, the foregoing warranty is exclusive and in lieu of all other warranties and obligations. We do not warranty any services. We disclaim and shall not be liable for any indirect, consequential, special, or incidental damages, whether in contract, tort, or otherwise, and whether or not we have been advised of the possibility of the same. Except to the extent otherwise required by law, our liability in connection with any order or product shall not exceed the price you paid to us for that product, excluding freight, service fees, and taxes. We are not responsible for any costs or losses you may incur because of a canceled order, failure of delivery, late delivery or errors in delivery, errors lost goods or damaged caused by a freight carrier, mistakes on an Order Confirmation accepted by you, any inaccurate information or outdated information on our website, or an order based on an outdated catalog. The sole remedy provided by the warranty is the repair or replacement of defective products. Any refunds are in our complete discretion and do not obligate us to make any future refunds.
Commercial Customers: ALL WARRANTIES IMPLIED BY STATE LAW, INCLUDING (BUT NOT LIMITED TO) IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED.
Consumer Customers Only: ALL WARRANTIES IMPLIED BY STATE LAW, INCLUDING (BUT NOT LIMITED TO) IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY LIMITED TO THE DURATION OF THE EXPRESS LIMITED WARRANTIES SET FORTH ABOVE. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
These terms and conditions and any claims, disputes, or controversies arising under or relating to these terms or conditions or your order are governed by the laws of the State of Georgia, without regard to principles of conflicts of laws, and applicable United States federal law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. Except to the extent otherwise required by law, you agree to initiate any action against us only in Gwinnett County in the State of Georgia, USA, and by placing your order with us, you agree to the personal jurisdiction and venue of the courts located in Gwinnett County in the State of Georgia, USA. Any notation on or accompanying your companies order documentation on accompanying your payment, such as “payment in full,” “in full satisfaction,” or the like, are deemed ineffective to extinguish any disputed claim, even if we accept the payment.
YOU AGREE TO SUBMIT ANY CLAIM, DISPUTE, OR CONTROVERSY (REGARDLESS OF THE FORM OR TYPE OF ACTION) AGAINST US TO ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM UNDER ITS CODE OF PROCEDURE THEN IN EFFECT (available at http://www.arb-forum.com or via telephone at 800-963-3060). Except to the extent otherwise required by law, you agree that the arbitration proceedings will take place exclusively in Lawrenceville, Georgia, USA. With the exception of arbitration regarding consumer warranty disputes, the above procedure shall be exclusive, and the award of the arbitrator(s) shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. With respect to consumer warranty disputes, you may be entitled to file suit under state laws without submitting your claim to arbitration first. Information on arbitration may be obtained from, and a claim may be filed with, the National Arbitration Forum at P.O. Box 50191, Minneapolis, MN 55405-0191 USA.
You agree that you are not buying the products for resale outside the United States and you agree not to use the products as molds for reproduction. You agree to hold us harmless against how you use the products (including but not limited to installation or application), and you agree to comply with all laws and regulations, including (but not limited to) building codes.
A waiver of strict compliance with any term herein shall not be deemed a continuing waiver or waive any other terms or conditions. Any modification or amendment to these terms must be in writing and signed by the President of Melton Classics Inc. in order to be effective against us. Only a signature of a current officer of Melton Classics, Inc., Incorporated shall be binding on Melton Classics Incorporated for any purpose. Our salespeople are not authorized to add to or vary any of these terms and conditions. If any term herein is illegal, invalid, or unenforceable, then such term shall be ignored, but the remaining terms and conditions shall remain in effect. The official language of these terms and conditions is English. All amounts stated on an invoice are U.S. Dollars unless specified otherwise. We are excused from performance to the extent of any delay or inability to perform arising due to weather events, disasters, acts of terror, governmental action or regulation, labor or materials shortages or disputes, or other circumstances not under our control. We do not consider the terms of an order to be confidential unless we agree to confidentiality on the invoice, in which case we and you agree to maintain the marked terms as confidential.
Melton Classics, Inc. has the right, at its sole discretion, to modify, add or remove any terms or conditions without notice. Any changes to these Terms and Conditions shall be effectively immediately following the posting of such changes on the web site.
Print Name: _____________________________________________________________
Company Name: ___________________________________________________________